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BCC Agenda 02/27/2024 Item # 2B (BCC Minutes from 10/10/2023)02/27/2024 COLLIER COUNTY Board of County Commissioners Item Number: 2.B Doc ID: 28100 Item Summary: October 10, 2023, BCC Minutes Meeting Date: 02/27/2024 Prepared by: Title: Management Analyst II – County Manager's Office Name: Geoffrey Willig 02/20/2024 11:44 AM Submitted by: Title: Senior Staff Assistant – Clerk of the Circuit Court Name: Jennifer Milum 02/20/2024 11:44 AM Approved By: Review: County Manager's Office Geoffrey Willig County Manager Review Completed 02/20/2024 11:44 AM Board of County Commissioners Geoffrey Willig Meeting Pending 02/27/2024 9:00 AM 2.B Packet Pg. 13 October 10, 2023 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, October 10, 2023 LET IT BE REMEMBERED that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following Board members present: Chairman: Rick LoCastro Chris Hall Dan Kowal William L. McDaniel, Jr. Burt L. Saunders ALSO PRESENT: Amy Patterson, County Manager Daniel Rodriguez, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk Troy Miller, Communications & Customer Relations October 10, 2023 Page 2 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Get Commissioner Saunders up here. Good morning, everybody. AUDIENCE: Good morning. CHAIRMAN LoCASTRO: Thanks for being here. We've got a lot of hot issues to talk about. Before we get started with our invocation and pledge, you know, I just wanted to say that today and other days in this room, you know, we talk about permits, we talk about building height, median landscape, sidewalks, pickleball, all things that are important issues to our county and to move forward and to ensure that we continue to improve and make this the best place to, you know, live, work, play, and pray, but also I think we all think that it's important that, you know, we don't lose perspective on what's going on outside of this building and, more importantly, you know, in our country and outside of the borders of our country. And having said that, I'm going to turn it over to Commissioner Kowal who wants to start off our meeting with some heartfelt words about some serious issues that are going on right now that might be a little bit more important than pickleball. Go ahead, sir. COMMISSIONER KOWAL: Thank you, Chairman. I would just like to let the community and the people here in the room and the people outside watching know that, you know, we have Pastor Brumback, who's the pastor at the First Baptist Church here in Naples, him and his daughter and, I believe, about 50 parishioners of the church itself are basically trapped over in Israel right now. They were over there on the October 10, 2023 Page 3 Holy Land visit and they're, basically, in a hotel being confined. They can't really leave, haven't figured out a way they're going to leave yet but -- because of what's going on in light of the war over there. So these are our community people and people that live amongst us. Let's just keep them in our prayers as we move forward, and hopefully we can figure out a way and hopefully they figure out a way under God's grace that they can get out of there safely and come back to us. So I just wanted to let everybody know that. CHAIRMAN LoCASTRO: Well said. Thank you, sir. Reverend Duncan, ma'am. And then our Pledge today will be led by Alex Breault, who's here representing the FutureMakers Coalition, who are receiving a proclamation. So thank you very much for leading our pledge. REVEREND DUNCAN: Spirit of life and love, to you we lift the deliberations of this day as matters of governance come before this body. Surround all of us as we, together, move through this democratic process and this day. Urge both commissioners and all of us to listen, to learn, to be bearers of the good even when we'd rather not. And so, peaceful spirit, be present among these women and men who are the leaders and caretaker of Collier County. It is an awesome calling and responsibility. Guide all that they and we together say and do, shape our words and values today and always, and keep us all strong and wise in these unsettled and troubling times, and inspire us to take our parts, that none may be overburdened. And our part this morning is certainly a special prayer for all of those suffering in Israel and Gaza and especially local people, some of whom we know personally. October 10, 2023 Page 4 And when the meeting is ended, see each commissioner to his or her destination safely. As they rest toward service on yet another day, fill them with strength and hope and vision, and bless us all that we might lean on you and on one another toward things that heal what's broken and that bend toward justice. Shalom. (The Pledge of Allegiance was recited in unison.) Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL - APPROVED AND/OR ADOPTED W/CHANGES MS. PATTERSON: Commissioners, agenda changes for October 10th, 2023. We have a correction to Item 11B related to the date that parcels in the North Belle Meade Preserve were acquired. The executive summary incorrectly states November 2023. The correct date is November 2022. We have several time-certain items today. First, Item 10A to be heard at 10 a.m. This is a Quiet Florida report on efforts to reduce noise pollution from illegal vehicle modifications. Companion Items 9B and 9C to be heard no sooner than 1 p.m. This is the 13th Avenue Southwest storage facility Commercial Planned Unit Development and Growth Management Plan amendment. And Item 9D to be heard prior to Item 15, staff communication general -- and general communications. This is October 10, 2023 Page 5 at the -- towards the end of the meeting. This is an amendment to the Conservation Collier ordinance. Just a reminder, we have court reporter breaks set for 10:30 and 2:50. And with that, County Attorney. MR. KLATZKOW: Nothing, thank you. MS. PATTERSON: Chair, to you for any changes to the agenda or ex parte on the consent or summary agenda. CHAIRMAN LoCASTRO: Commissioner Kowal, do you have any changes, sir, or any ex parte on summary or consent? COMMISSIONER KOWAL: I have no changes, and I have no disclosures. CHAIRMAN LoCASTRO: Thank you, sir. Commissioner Saunders? COMMISSIONER SAUNDERS: No changes and no disclosure as well. CHAIRMAN LoCASTRO: Commissioner Hall? COMMISSIONER HALL: I have no changes. I do have meetings on 17A and 17B, and no disclosures after that. CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel? COMMISSIONER McDANIEL: No changes, but I do have disclosure on 17A, meetings and calls; B, meetings, calls, and emails; and, 17D, meetings and calls. CHAIRMAN LoCASTRO: Okay. I have no changes and no disclosures on summary or consent. So do I have a motion to accept the -- COMMISSIONER McDANIEL: So moved. COMMISSIONER HALL: Second. CHAIRMAN LoCASTRO: Okay. I've got a motion from Commissioner McDaniel. Second by Commissioner Hall. October 10, 2023 Page 6 All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. October 10, 2023 Page 7 Item #2B SEPTEMBER 12, 2023, BOARD MEETING MINUTES MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO - APPROVED AS PRESENTED MS. PATTERSON: Item 2B is approval of the meeting minutes for September 12th, 2023. COMMISSIONER McDANIEL: I make a motion for approval. CHAIRMAN LoCASTRO: Motion for approval by Commissioner McDaniel. I'll second, Commissioner LoCastro. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Item #4A PROCLAMATION DESIGNATING OCTOBER 2023 AS DOMESTIC VIOLENCE AWARENESS MONTH IN COLLIER COUNTY. TO BE ACCEPTED BY LINDA OBERHAUS, CHIEF EXECUTIVE OFFICER, THE SHELTER FOR ABUSED WOMEN & CHILDREN. - MOTION TO APPROVE BY COMMISSIONER KOWAL; SECONDED BY COMMISSIONER SAUNDERS – October 10, 2023 Page 8 ADOPTED MS. PATTERSON: Item 4A is a proclamation designating October 2021 as Domestic Violence Awareness Month in Collier County to be accepted by Sheriff Rambosk on behalf of the Shelter for Abused Women and Children. Congratulations. CHAIRMAN LoCASTRO: Sheriff, would you like to make any comments? SHERIFF RAMBOSK: Sure. Good morning, Commissioners, Chair. Thank you for the opportunity here to represent the shelter. On behalf of the board of directors and Linda Oberhaus, I just wanted to thank you for raising awareness with regard to domestic violence issues. We are not unlike or immune to domestic violence as is other communities throughout the nation. This month gives us an opportunity to remind everyone that it still exists. We need everybody's help in this community to stop it. And on behalf of the Collier County Sheriff's Office, we will do everything we can to stop it. Thank you. CHAIRMAN LoCASTRO: Thank you, sir. (Applause.) Item #4B PROCLAMATION DESIGNATING OCTOBER 2023 AS SAFE INFANT SLEEP MONTH IN COLLIER COUNTY. TO BE ACCEPTED BY KIMBERLY KOSSLER, ADMINISTRATOR AND HEALTH OFFICER, FLORIDA DEPARTMENT OF HEALTH COLLIER COUNTY, LISA ADAMCZYK, EXECUTIVE COMMUNITY HEALTH NURSING DIRECTOR, FLORIDA DEPARTMENT OF HEALTH COLLIER COUNTY, CORAL October 10, 2023 Page 9 VARGAS, COORDINATOR, NCH SAFE AND HEALTHY CHILDREN'S COALITION OF COLLIER COUNTY, KRISTINE HOLLINGSWORTH, PUBLIC HEALTH COMMUNICATIONS MANAGER, FLORIDA DEPARTMENT OF HEALTH COLLIER COUNTY, AND HOLLY VINGSON, COMMUNITY ENGAGEMENT COORDINATOR, HEALTHY START OF SOUTHWEST FLORIDA. - MOTION TO APPROVE BY COMMISSIONER KOWAL; SECONDED BY COMMISSIONER SAUNDERS – ADOPTED MS. PATTERSON: Item 4B is a proclamation designating October 2023 as Safe Infant Sleep Month in Collier County to be accepted by Kimberly Kossler, administrator and health officer, Florida Department of Health, Collier County, and other distinguished guests. Congratulations. COMMISSIONER McDANIEL: Go ahead, Ms. Kimberly. MS. KOSSLER: I didn't want to catch him off guard. CHAIRMAN LoCASTRO: Oh, I'm sorry. MS. KOSSLER: I just wanted to say a few words. Good morning again. Kim Kossler, administrator with the Florida Department of Health in Collier County. Sudden infant death syndrome or SIDS and sleep-related deaths continue to be the number-one injury-related death for children under the age of one. The Collier County Safe Sleep Committee works together to help educate about safe sleep year-round. Some of the things that we're doing, providing safe sleep books and information to all newborns at the NCH Birth Center, our statistics and birth records office, the WIC program and, of course, the annual duck October 10, 2023 Page 10 race and water safety festival. We have pack-and-plays that are provided to families in need through NCH, Department of Children and Families, the Health Department, and Healthy Start of Southwest Florida. Healthy Start of Southwest Florida has also donated enough sleep sacks to be available for all babies born in Southwest Florida at the NCH BirthPlace. NCH is also working on their safe sleep recertification, which is recognizing their commitment to infant safe sleep. And there's plenty of free downloadable resources available at the floridahealth.gov website and others. Thank you again for your time in recognizing and promoting safe sleep education and awareness to help save more babies' lives. (Applause.) Item #4C PROCLAMATION DESIGNATING OCTOBER 2023 AS NATIONAL MANUFACTURING MONTH. TO BE ACCEPTED BY ROB HARRIS, EXECUTIVE DIRECTOR, SOUTHWEST REGIONAL MANUFACTURERS ASSOCIATION AND ALEX BREAULT, PARTNERSHIP MANAGER OF THE FUTURE MAKERS COALITION. - MOTION TO APPROVE BY COMMISSIONER KOWAL; SECONDED BY COMMISSIONER SAUNDERS – ADOPTED MS. PATTERSON: Item 4C is a proclamation designating October 2023 as National Manufacturing Month to be accepted by Rob Harris, executive director, Southwest Regional Manufacturers Association, and Alex Breault, partnership October 10, 2023 Page 11 manager of the FutureMakers Coalition. Congratulations. MR. HARRIS: Good morning, and thank you, County Manager and Commissioners. We appreciate this, and thank you very much for recognizing the importance of manufacturing to the local economy. It is very important. The State of Florida recognizes that it's very important. With the Florida Chamber, it is the goal of our state to be a top five manufacturing state by the year 2030, and I'm happy to announce that it was just reported we are now No. 10, so we are getting there. The importance of that is the fact that manufacturing and advanced manufacturing, in particular, offer high-wage careers. The average wage for manufacturing in the state is $70,000 per year, and in Collier County, it's just slightly under that, at about 68,7-. Collier County has nearly 400 manufacturing facilities employing over 5,000 people. We want to continue this effort. We want people to have high-wage jobs. If you recall from last year, I was here with the owner of Pelican Wire, and we were talking about the affordable housing issue and that a way to conquer that is to have people earn more money to pay market wage [sic] for housing, and in manufacturing, we could do that. The problem right now is we have a shortage of workers. So we have started working -- we, being the Southwest Regional Manufacturers Association, started working with the FutureMakers Collaboratory, and I have Alexander Breault here with me to explain what that effort is all about. MS. BREAULT: Thank you, Rob, and thank you, County Commissioners. So my name is Alex Breault. I am the partnership manager at Collaboratory, and I'm a FutureMaker. So October 10, 2023 Page 12 FutureMakers Coalition, we are a collective impact network. We have over 5 -- sorry, 150 cross-sector organizations spanning the five-county region focused on adult learners, specifically in Collier County, to upscale and rescale to meet the needs of local employers. We have a shared goal to transform the region's workforce to ensure that 55 percent of adults have a credential beyond high school by 2025. We are currently only at 43.7 percent, and we know that two-thirds of Florida jobs will require credentials beyond high school by 2025, but we can get to 55 percent through an untapped workforce, and we have partnered with Rob and SRMA through the $22.9 million EDA Good Jobs Challenge Grant in partnership with FGCU to help us understand the needs of manufacturers and ensuring adults have access to training programs, to fill the in-demand jobs through the navigator program. Our navigators are helping individuals overcome barriers to reach their educational goals and connect them to careers like jobs in manufacturing. We are happy to be here today to bring awareness to local manufacturers and hopefully inspire people to consider the lucrative jobs in manufacturing. So thank you to SRMA for their partnership and, County Commissioner, for recognizing October as manufacturing month, and let's keep on future making. Thank you. (Applause.) CHAIRMAN LoCASTRO: Thank you. Item #4D PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR OCTOBER 2023 TO PLATINUM DRY October 10, 2023 Page 13 CLEANERS. THE AWARD WILL BE ACCEPTED BY CRAIG BAMBERG, OWNER/MANAGING PARTNER, AND SLOAN NAGY, DIRECTOR OF BUSINESS & ECONOMIC RESEARCH, THE GREATER NAPLES CHAMBER OF COMMERCE. ALSO ATTENDING IS BETHANY SAWYER, VICE PRESIDENT OF MEMBERSHIP & INVESTORS, THE GREATER NAPLES CHAMBER OF COMMERCE. - MOTION TO APPROVE BY COMMISSIONER KOWAL; SECONDED BY COMMISSIONER SAUNDERS – ADOPTED MS. PATTERSON: Item 4D is a presentation of the Collier County Business of the Month for October 2023 to Platinum Dry Cleaners. The award will be accepted by Craig Bamberg, owner/managing partner, and Sloan Nagy, director of business and economic research, the Greater Naples Chamber of Commerce. Also attending is Bethany Sawyer, vice president of membership and investors, the Greater Naples Chamber of Commerce. Congratulations. CHAIRMAN LoCASTRO: It's up to you if you'd like to say something, sir. Totally up to you. MR. BAMBERG: Again, we can't thank everybody enough. We are Platinum Dry Cleaners, an independent Collier County business based -- full-service dry cleaning and laundry operation with two retail locations at Parkshore Naples and Berkshire Naples, right at the corner of Radio and Santa Barbara Road. We have a 12,000-square-foot processing facility at 73 Commercial Boulevard, which is right at Radio and Livingston Roads, and the facility is also our delivery hub for eight delivery vehicles that has grown quite a bit since the pandemic from three up to eight. October 10, 2023 Page 14 We deliver from Alico Road in Lee County all the way down to the tip of Marco Island, from the coast all the way east out toward Ave Maria and Immokalee. Most importantly, this is a business award from the Naples Area Chamber of Commerce coming through the Collier County Commission as well, and we just want to advise everybody, we have 40 full-time employees at our operation and -- since our purchase in 2019, and we feel that's extremely important. No one was -- we had no layoffs during the pandemic. We just had some changes in hourly operations. And it's been a long, hard road since 2019 to stand here in front of you and tell you, like, we're still kind of standing and kind of chugging along leading up to our 35th anniversary in 2024. I see we're celebrating 100 years here in 2023 for Collier County. We enter our 35th year in 2024. It's been a big 2023 for us. Small Business Development Council of Florida based at Florida Gulf Coast University nominated us for a finalist for entrepreneurship of the year. Of course, we're thrilled to have the Naples Area Chamber of Commerce Business of the Month here today as well as we were named in America's Best Dry Cleaner one of the 35 out of 20,000 dry cleaners in the United States. We are proud to say we are one of 35, and the reason being is is 35 years of our high-quality attention to detail, delicate hand-washing, finishing. We're open from 8 to 5 Monday through Friday, 9 until 2 on Saturdays; 24 hours, seven days a week at the Platinum app available in the Apple store, and for those on the Google plate, we can take care of you for your android device as well. Again, thank you so much for this honor. It's been a long, hard five years, and we're looking forward to the next five as well. Thank you so much. October 10, 2023 Page 15 (Applause.) CHAIRMAN LoCASTRO: He'll be collecting articles of clothing outside the door for 50 percent off. Okay, County Manager. MS. PATTERSON: Commissioners, if we could get a motion to accept the proclamations, please. CHAIRMAN LoCASTRO: Do I have a motion? COMMISSIONER KOWAL: So moved. CHAIRMAN LoCASTRO: Okay. Commissioner Kowal, motion. COMMISSIONER SAUNDERS: Second. CHAIRMAN LoCASTRO: Second by Commissioner Saunders. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Item #5A ARTIST OF THE MONTH – ARTA VIVA MS. PATTERSON: Item 5A is Artist of the Month. This month is Arte Viva, and this will be introduced by Sandra Rios, PR and communications manager, tourism division. MS. RIOS: Good morning, and thank you. CHAIRMAN LoCASTRO: Good morning. October 10, 2023 Page 16 MS. RIOS: So thank you for allowing me a few minutes to share our news from the world of arts and culture within our community. As you look around the chamber, there are a number of new art installations -- you'll see them in the back of the room here -- representing the upcoming Arte Viva exhibits that will take place across Collier County this coming year. Arte Viva is now in its second year, and it's a celebration of Hispanic arts and culture presented by the Naples, Marco Island, and Everglades Convention and Visitors Bureau. The collaborative initiative brings together the arts and culture organizations and hospitality partners from across paradise -- Florida's Paradise Coast to communally celebrate the artist contributions of the Hispanic community. The spotlight on this rich and vibrant culture within our community will be brought to life by various non-profit organizations, local restaurants and hospitality partners. It's a year-long celebration that will feature over 50 dedicated local events, exhibits, performances, and educational opportunities. Some of the locations where these events will take place include Artis-Naples, Naples Art District, Opera Naples, public murals, Naples Zoo, Naples Botanical Garden, Marco Island Center for the Arts, and the Ave Maria Margarita and Taco Festival, which sounds like fun. Celebrations include the Mexican dia de los Muertos, which is the Day of the Dead; Cuban photography exhibits; dance performances featuring Zarzuela music and Flamenco; a series of Latin jazz concerts, and more. Arte Viva enhances our visitor experience as well as offering our residents educational and entertainment opportunities throughout the year. These photographs represent events that will take place through June of 2024, and they October 10, 2023 Page 17 include locations: Marco Island, Ave Maria, Naples, and Immokalee. Last year, Arte Viva proved to be highly successful with over 293,000 people attending the various events and activities, and the CVB's marketing efforts generated over 50 million impressions, including 24 million impressions in earned media, which is different from paid advertising. And, most recently, I'm proud to say that Arte Viva was recognized by Florida Festivals and Event Association with two awards. One, first place award for its PR and marketing campaign, and the third place for its website, so that's quite an accomplishment in the first year of a festival. So we hope you enjoy the art and the upcoming events this year. Thank you. CHAIRMAN LoCASTRO: Thank you, ma'am. (Applause.) MS. PATTERSON: Commissioners, that brings us to Item 7, public comments on general topics not on the current or future agenda. CHAIRMAN LoCASTRO: Mr. Miller. MR. MILLER: Good morning, Mr. Chair. We have four registrants under this item. Your first speaker Robert Thurston. He will be followed by Doug Fee. I'll remind our speakers to please queue up at both podiums. MR. THURSTON: Good morning. Hello, my name is Robert Thurston. So let's recap here. I've been speaking before the Collier County Board of County Commissioners recently on July 25, August 22nd, and September 12th of 2023 about the Targeted Individual Program and people, some here in Naples, who are involved in deep state activities and who have been violating my constitutional rights October 10, 2023 Page 18 on an ongoing basis for 13 years. You can watch these earlier discussions on Collier TV. During the last Board meeting, I explained how the Targeted Individual Program starts with the deep state at the highest reaches of our U.S. government and is disseminated downward through different agencies. Then the Targeted Individual Program is finally coordinated and carried out locally by each county sheriff, here Kevin Rambosk. Kevin Rambosk, who has been sheriff here in Collier County since at least 2010. Kevin Rambosk then has been in charge of the Targeted Individual Program here in Naples throughout the full length of the period I've been targeted. CHAIRMAN LoCASTRO: Sir, just a reminder, you're talking to us, okay, not the crowd. MR. THURSTON: Yeah. I want to make clear that there is a clear distinction between regular everyday law enforcement arresting people committing crimes and, conversely -- conversely what occurs with targeted individuals who often are not involved in crime but chosen for life-changing, around-the-clock haranguing because they basically anger someone with access to political power. The targeted individual is denied due process. He or she never gets their day in court but get extra judicial punishment instead, which if you look at the totality of what the deep state does, certainly qualifies as torture. It's important to remember, I think, that these presentations should be tailored to benefit the community. The word "torture" gets bandied around a lot, and its impact is sometimes lost through overuse. So I'm including today my personal account of one of the most egregious crimes committed against me in hopes people October 10, 2023 Page 19 will take some legal activities to stop the deep state and the Targeted Individual Program. On August 11 of 2011, I was a patient at Naples Community Hospital. I was receiving lifesaving medical care for a case of cellulitis, which, left untreated, can spread to the lymph nodes and blood stream. Left unchecked, cellulitis can be fatal. I was in pretty bad shape by the time I was admitted to Naples Community Hospital. I had a fever. I was given a hospital bed and hooked up to several IV tubes. By this time in 2011, I'd already been a targeted individual for more than a year. I had already figured out who the main person was behind my targeting. At about 5 a.m. on my first day in the hospital, I was violently shaken awake by a stern-faced man who was dressed in clothing similar to that of a male nurse, what they would wear, but not exactly alike, I later concluded. His demeanor was openly hostile. His face was up in my face. His tone was meant to frighten. He was demanding -- may I have one more minute, please? CHAIRMAN LoCASTRO: Thirty seconds, sir. MR. THURSTON: He was demanding to know why I was there at the hospital. Was he asking what my illness was, or was he asking why such a lowly person as myself was in the hospital? The way things looked, I thought he was going to physically attack me in my poor condition with all these tubes sticking out of me. He kept looking nervously toward the door. After about five minutes of this, he left. I was scheduled for lifesaving surgery that day but was so upset by having people interfering in my medical care that I left the hospital in that bad condition in a fog. I ended up getting a PICC line in my arm through October 10, 2023 Page 20 outpatient procedures for the next six weeks. I reported what happened to NCH president at the time, Allen Weiss, and Naples Police Department Officer Tyrone Washington in 2011. CHAIRMAN LoCASTRO: Sir, please, sum up. Thank you. MR. THURSTON: Okay. That's it. CHAIRMAN LoCASTRO: Okay. MR. MILLER: Your next speaker -- CHAIRMAN LoCASTRO: I mean, you can make some closing -- I wasn't trying to cut you off but, I mean, just -- if you could give us your last couple of summary sentences. MR. THURSTON: Thirty seconds. That's all I ask to wrap it up. So, last, I want to give again the link that tells the story of the people involved here locally in my illegal targeting at targetedindividual4.wordpress.com. Also, this past week I started to reach out to Florida senators, Danny Burgess, Colleen Burton, and Broxson to ask for their assistance in sponsoring Collier's law which would criminalize participation in the Targeted Individual Program. CHAIRMAN LoCASTRO: Thank you, sir. MR. MILLER: Your next speaker is Doug Fee. He'll be followed by Dan Cook. MR. FEE: Good morning. For the record, my name is Doug Fee. I put on the visualizer an aerial map of Wiggins Pass and 41. There is 13.5 acres -- 13.56 acres that I've circled and yellow highlighted. This is owned by Collier County. I believe it's titled to the transportation right-of-way section. In 2002, this 13 acres was bought from the Diocese of Venice for 650,000. What I'd like to point out here is that there October 10, 2023 Page 21 is a Wiggins Pass flowway, and the waters come down old 41, and that -- that's Bonita. And it goes under 41 and goes through the community called Tarpon Cove in a weir at the corner of Wiggins Pass and Gulf Harbor, and eventually it percolates through this 13.56 acres. I do not know whether the county has a restriction on these -- this acreage, whether it is just to be used for water management or pollution control, but I did want to point out that the county itself is an owner of property on this road. It's an important property because there are many, many developments to the north where the water flows down and eventually could go through this before it reaches the Cocohatchee River, okay. And I'm pointing this out because, when it comes to water management, you have lots of either lakes that have been there or manmade lakes that control water on development. It's an important part of development. And so you have communities that have their water management systems and the pollutants, whether it be from homes, businesses, go into the lakes and filtrate before making it down to the Cocohatchee River. It's a point that we in our neighborhood, we know of this acreage. We know of the weirs. We know of the pollution control that's in our neighborhood, but I did want to put that on the record and this is your acreage. Thank you. CHAIRMAN LoCASTRO: Thank you, sir. MR. MILLER: Your next speaker is Dan Cook. He'll be followed by Tyler Wood. MR. COOK: Good morning, Commissioners. MR. MILLER: Hold on. Wait a second. Let me bring that mic level up. Go ahead, Dan. MR. COOK: All right. Good morning, Commissioners. October 10, 2023 Page 22 Good morning, community. When I moved here to Naples in 2007, sometimes I would be really afraid of coming up here and speaking. I'd be -- I'd have -- I'd have fear of, you know, not saying the right things. Maybe I'd have fear of being judged by the commissioners or members of the community, but this morning when I woke up I had a different -- different state of fear, I guess, in my mind, and that's probably because I've spend too much time watching the news or scrolling on my phone. We're all -- as Commissioner Kowal mentioned to start the day, you know, we're all probably fearful and, obviously, irate about what's going on in Israel right now. You know, I look at what's going on at the border, and I have fear of, you know, what's transpiring in Israel coming to the shores of America. I hear Hillary Clinton talking about reprogramming MAGA Trump supporters. That puts fear in me; makes me afraid to come here and speak, maybe. What if -- what if something I say here sounds the alarm of Hillary Clinton or somebody in the deep state, as the previous speaker mentioned? So I bring this up because the state of mind that fear brings, I think, is when we're in a state of fear, we end up giving up our rights more. That's the point I'm trying to get to. And so it's difficult to push through this fear. It's difficult to make a stand when you're afraid of what the repercussions might be. But I'm here as the Vice Chair of the Republican Party and as a member of the community to say that we as Americans need to push through the fear whether it's what we see on the news, whether it's fear of judgment. Whatever the fear is, we've got to push through that and have faith that everything's going to be all right. And I put my faith in our creator. I also put my faith in our founding documents. The Constitution, the Florida October 10, 2023 Page 23 Constitution, all give me a lot of faith that it is going to be okay if enough people will take action in defense of these documents. The Constitution in Article I, Section 1, states that the people grant power to the government. So remembering that our rights come from our creator, not from government, gives me a sense of faith. Article I of the Florida Constitution says that all political power is inherent in the people, that the annunciation herein of certain rights shall not be construed to deny or impair others retained by the people. So these documents are important, and they protect our rights, and they protect our liberties. They give me faith to push through. And, finally, if I could just take 20 more seconds, October 10th is probably not a day that's going to go down in history, but I believe it is a historic day because on October 10th in 2009, a modern-day Continental Congress was held, and I'd like to put it on the record that I was a part of that Continental Congress, and what we did was we assembled, as is our right, to peacefully petition the government, and we documented 15 violations of the Constitution in a document that I would say is akin to John Adams' declaration of rights from the 1774 Continental Congress, and the modern-day Continental Congress created the Articles of Freedom which documents grievances and includes instructions to the government on how to remedy those. Thank you. CHAIRMAN LoCASTRO: Thank you, sir. MR. MILLER: Your final speaker for Item 7 is Tyler Wood. MR. WOOD: Hey, everybody. Good to be here. I've spoken before, and I just wanted to come and reiterate because in October -- in August -- and this is also in light of October being Manufacturing Month, because we're proposing a October 10, 2023 Page 24 $289 million investment into Collier County for manufacturing of critical raw and advanced materials with zero waste and zero emissions. Our feed stock just happens to be garbage. And I know that sustainable and resilience is a big topic. It gets everybody elected when they say these things, but I also think that, you know, that we provide those things as a service, and manufacturing is important. So I'm just going to read off a little bit about what we are doing so it's on the record. Carbotura, a company -- I'm Tyler Wood. I've lived here for 20 years. I live in Botanical Place near the Botanical Gardens. I have a beautiful son here. Love it here. We've got, you know, $10 billion of committed funding to deploy. I encourage Collier County to qualify for as much of that as possible, because what I'm doing right now is I'm finding garbage all over the world, you know, for people to come to me and -- you know, so I'm busier than I've ever been in my life. So I'd like to say Carbotura, a company specializing in solid waste elimination and conversion -- THE COURT REPORTER: I'm sorry. Can you read that slower. MR. WOOD: Yeah, sure. Carbotura, a company specializing in solid waste elimination and conversion is considering investing and establishing -- establishment of two regional service centers in Collier County. The service centers will have zero emissions, zero waste, and 100 percent diversion capabilities. The investment is estimated to be $289 million, and each service center will have the capacity of 500 tons per day, making a total of -- total capacity of a thousand tons per day. This implies annual capacity of Carbotura of 365,000 tons per year. October 10, 2023 Page 25 Job creation, the establishment of the two service centers will create -- will lead to the creation of 110 permanent jobs, each with an average annual salary of $110,000, and an additional 200 construction jobs. The revenue -- projected annual revenue from the service centers is $100,000 -- I mean, $100 million, sorry. Waste management, the services will have the capacity to convert 100 percent of the municipal solid waste into reusable materials, leading to zero waste and 100 percent diversion. This will make Collier County the first zero-waste county and a graphite leader in Florida. We produce graphite from waste, not electricity, not fuel; graphite. So you make $11 per ton of -- you know, of electricity from a ton of garbage. You can make $80 per ton of fuel from garbage. You can make over $1,000 in graphite. So, I don't know, it's a pretty good business. Impact numbers, annual revenue, 100 million. County rebates, $13.6 million per year. Community development funds, $8.6 million per year. Total annual impact of $123 million per year for the first year, and this will go on for another 30 years. And then I could just yield my time. I'll come back in a few weeks, and I'll continue the discussion. But thank you very much for your time. CHAIRMAN LoCASTRO: Thank you, sir. MR. MILLER: That's all our speakers for Item 7, sir. CHAIRMAN LoCASTRO: Okay. Thank you. MS. PATTERSON: Commissioners, we have about 23 minutes until we go to our time-certain at 10 a.m. I'd suggest that we take a couple of the items on the County Manager's report, Item 11, to fill that space, and then we'll go to the October 10, 2023 Page 26 time-certain at 10. CHAIRMAN LoCASTRO: Okay. Item #11A RECOMMENDATION TO APPROVE THE CONSERVATION COLLIER 12TH CYCLE TARGET PROTECTION AREAS (TPA) MAILING STRATEGY. (JAIME COOK, DEVELOPMENT REVIEW DIVISION DIRECTOR) (ALL DISTRICTS) RESOLUTION 2023-186: MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED MS. PATTERSON: That would bring us to Item 11A. This is a recommendation to approve the Conservation Collier 12th cycle target protection area mailing strategy, and Ms. Jaime Cook, Development Review division director, is here to present or answer questions. CHAIRMAN LoCASTRO: Okay. Thank you. MS. COOK: Good morning, Commissioners. Jaime Cook, your director of Development Review at Growth Management/Community Development. Conservation Collier has begun Cycle 12 of its acquisitions. This is the 12th cycle since the program's inception in 2003. While the Conservation Collier ordinance does recognize that broad target areas for protection are needed, the Board has historically adopted a resolution identifying each of the Target Protection Areas for each of the cycles, which is why you're hearing this today. Troy, I can't go forward. October 10, 2023 Page 27 MR. MILLER: Uh-oh. MS. COOK: Currently, Conservation Collier has 22 preserves totaling over 4,700 acres. Within the urban area of Collier County, where most of our population lives, there are nine preserves totaling 618 acres. This map, the green dots show the areas that have public access; whereas, the red are more for resource protection and do not currently have public access at all of these preserves yet. So the current acquisition cycle process starts with applications. Applications are received in one of three ways. The first being the program mailing to Target Protection Areas, the nomination by citizens of parcels for consideration, and an owner application which can occur anywhere in the county. Once we have received the applications, the properties are reviewed by the Conservation Collier Land Acquisition Advisory Committee, and the properties are ranked to create a list for your review. We bring that list to the Board. Those consist of A, B, and C category properties that we work with you to determine which properties we're going to pursue for acquisition. Once you have approved the properties for acquisition, Conservation Collier staff works with real property management and our facilities team to start acquiring the process -- to start acquiring the properties, including the appraisal process. So this item you're hearing today is to establish those target mailing areas for Cycle 12. In April of 2022, the Board had requested that staff speed up the acquisition process, so cycles were actually divided into two per year. Cycle 12A began in January of 2023 with the application deadline of April 24th of 2023. By the end of June, CCLAC had reviewed all of the October 10, 2023 Page 28 properties, and at the July CCLAC meeting, the properties were ranked. Later on this agenda, we'll be bringing the Cycle 12A properties to you for ranking for consideration. But the target protection mailings will be part of Cycle 12B. Properties have already been submitted for application, so staff has begun reviewing those with CCLAC. And then once we review all of the properties as well as any applications that we receive from the target mailing areas, the CCLAC will rank all of those properties at their March meeting and we'll bring them back to you for ranking at your April 23rd, 2024, meeting, tentatively. So there are 17 areas throughout Collier County that have been recommended by the CCLAC to mail letters for protection areas -- you can see these areas on your screen -- totaling 558 parcels and a little over 4,600 acres. Spread throughout the county, you can see that these areas typically are located near existing preserves, and you can also see that we have preserves in each one of your commission districts. So our request to you today, our recommendation, is to adopt the resolution approving the 12th cycle target protection mailing areas that we can begin those mailings. With that, I'll take any questions you may have. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah, just one quick question. I was looking -- it's TPMA 10. That's the Everglades and I-75 -- Everglades Boulevard and I-75, and there seemed to be an enormous amount of properties in that area. MS. COOK: There are. COMMISSIONER McDANIEL: Rationale? MS. COOK: The number of parcels in the area. If there October 10, 2023 Page 29 is, you know -- if you would like us to consolidate that area to a more, you know, central focused area, we can do that, but it's just the general area. COMMISSIONER McDANIEL: Okay. Well, you know what I'd like, maybe -- and I don't want to stop anything that we're doing, but maybe we can have a discussion off-line and condense that area. The thought process is is acquisition by Conservation Collier preserves and protects in perpetuity. And with the advent of that potentially being a partial interchange, that will help with the commercial creep that has been a concern with regard to development. When you have an interchange, commercial development, in fact, transpires, and that's a residential area. It's a much-needed component for our transportation methodology. So I'd like to have a look at that target protection area. It wasn't envisioned in my mind to be as voluminous as that, and when I saw that, I just wanted to ask that, so... And then the second question would be, is the numbering of the Target Protection Areas in any way a prioritization of them, or is it just a number? MS. COOK: It's just a number. COMMISSIONER McDANIEL: Thank you. I'll move for approval. CHAIRMAN LoCASTRO: Mr. Miller, I think -- do we have public comment? MR. MILLER: Yes, sir. I have two registered speakers. Your speakers -- first speaker, Richard Blonna, and he'll be followed by Brad Cornell. COMMISSIONER McDANIEL: Well, I'll withdraw the motion. October 10, 2023 Page 30 CHAIRMAN LoCASTRO: Okay. We'll get a motion. COMMISSIONER McDANIEL: Richard might have some wisdom to share to make me change my motion. CHAIRMAN LoCASTRO: He always has wisdom. MR. BLONNA: No, I wouldn't count on that. CHAIRMAN LoCASTRO: He always has wisdom. MR. BLONNA: Good morning, Commissioners. First of all, I'd like to thank Commissioner Kowal for putting everything this morning in a broader perspective. You know, our hearts go out to the people of Israel and our fellow citizens from Collier County who are trapped there, so thanks for doing that. I'm here to speak in support of the County Manager's recommendation to approve Items 11A and B related to the Collier County Cycle 11 TPA properties and the A-List properties that are associated with that. As usual, the Conservation Collier Land Acquisition Committee's recommendations offer a diverse group of properties covering a wide swath of Collier County. All of the properties on the A list associated with this are worthy of acquisition. You'll notice that there are no Marco Island properties on the Cycle 12 list, and part of that is intentional on my part. I told my constituents months ago that I would not be nominating any Marco Island properties for acquisition for Cycle 12. You still have four Cycle 11 properties coming before you from Marco Island in two weeks for your final consideration, and I'm thankful for the folks at Conservation Collier, the county staff, and to all of you for putting those on the A list for Cycle 11 and sticking with them for the past two years. I want to give these properties and their willing sellers my full support. Should you agree to acquire these properties, it October 10, 2023 Page 31 will be an historic achievement in conservation from Marco Island, and it will come at a high price, and for that reason, I don't think it would be appropriate for me or anyone to nominate any additional Marco Island properties for Cycle 12. Furthermore, should the existing Cycle 11 properties be approved for acquisition by you, I will recommend to my fellow councilors to not nominate any new Marco Island properties for next year either, for Cycle 13. Marco Island wants to be a good partner with Collier County and Conservation Collier moving forward, and for that reason I ask you to support the County Manager's recommendations to approve Items 11A and B related to Conservation Collier's Cycle 12 TPA and the A-List properties within those areas. Thank you. CHAIRMAN LoCASTRO: Thank you, Councilman. MR. MILLER: Your next speaker is Brad Cornell. MR. CORNELL: Good morning, Mr. Chair and Commissioners. I'm Brad Cornell. I'm here on behalf of Audubon Western Everglades and Audubon Florida. Thank you for the chance to address you on this. Audubon supports the pending motion from Commissioner McDaniel to move this forward. And just -- I just want to emphasize what staff had told you, which is that this is it how you get applications. When we mail out solicitation letters to areas that have been prioritized for acquisition, this is how we -- how people find out about it. Now, the fact that you've got some Cycle 12 applications already is due to the good reputation that the program has, but it's not because we sent out any letters for Cycle 12. This has been ready to be sent since February. And so it's going to generate more interest, I believe, and October 10, 2023 Page 32 this is -- this is how it works. And it's -- it’s based on good principles that are good data about habitat so the -- it's called CLIP data, or the Florida natural area's inventory that the state collects about -- that's how they prioritize Florida Forever acquisitions, and Florida Forever is the state's corollary to Conservation Collier. It also looks at adjacency or parcels that are adjoining existing preserves. We want to maximum the bang for our buck so that we're adding to preserves we already have. And we want to buy properties that people can access and enjoy and are near where they live. That's kind of the unique role that this program plays. So Audubon Western Everglades and Audubon Florida support the meticulous data-driven process of prioritizing these properties and urge your approval and direction to promptly send out these letters. So thank you very much. MR. MILLER: That was our final registered speaker, sir. CHAIRMAN LoCASTRO: Okay. COMMISSIONER McDANIEL: I make the motion again. CHAIRMAN LoCASTRO: I've got a motion from Commissioner McDaniel. I'll second it. I was just going to add, I like that we have the -- or I'll reiterate that I think we all feel that we want to continue to see a sense of urgency with that program. Not artificial acceleration, but a sense of urgency. I don't think any of us ever want to read something's hung up with the County Commissioners when it comes to Conservation Collier. We're here alive and well, always available. And I like the more detail we're maybe getting and how Growth Management and the team you're representing are really pushing forward aggressively. October 10, 2023 Page 33 So having said that, I've got a motion by Commissioner McDaniel. I'll second it. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: And so are we passing A and B unanimously, or we're just going -- we're going one at a time? MS. PATTERSON: Just one at a time, 11A. CHAIRMAN LoCASTRO: Okay. So that was 11A. It passes unanimously. Item #11B RECOMMENDATION TO APPROVE THE CYCLE 12A CONSERVATION COLLIER ACTIVE ACQUISITION LIST (AAL) AND DIRECT STAFF TO PURSUE PROJECTS RECOMMENDED WITHIN THE A-CATEGORY IN SEQUENTIAL ORDER FUNDED BY CONSERVATION COLLIER LAND ACQUISITION FUND (1061) (JAIME COOK, DEVELOPMENT REVIEW DIVISION DIRECTOR). (ALL DISTRICTS) – MOTION TO MOVE MCLLVANE MARSH PROPERTY TO THE A LIST AND APPROVE AS PRESENTED BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED MS. PATTERSON: Item 11B is a recommendation to approve the Cycle 12A Conservation Collier Active Acquisition October 10, 2023 Page 34 List and direct staff to pursue projects recommended within the A category in sequential order funded by Conservation Collier Land Acquisition Fund. Again, Ms. Jaime Cook, your Development Review division director, is here to present or answer questions. CHAIRMAN LoCASTRO: Is there another slide besides this one? MS. COOK: There's a lot more. CHAIRMAN LoCASTRO: Yeah. No, I've seen them. Do you need to see the other -- do you want to see the slides? COMMISSIONER McDANIEL: Yeah. CHAIRMAN LoCASTRO: Okay. Go ahead, ma'am. COMMISSIONER McDANIEL: Yes. MS. COOK: Thank you. Again, Jaime Cook, your director of Development Review. This cycle, as I mentioned previously, was opened January 4th, 2023, for applications. During the review, staff -- staff develops an initial screening criteria report to assist the CCLAC and yourselves in reviewing each application and evaluating the properties for acquisition. The ICSRs review five initial criteria that are required by the ordinance, including native habitat; human social values, such as recreation and educational opportunities; water resource values, biodiversity and listed species environment, and whether it's within another agency's acquisition interests. Oh, sorry. So the Cycle 12A does have fewer properties because, as Brad Cornell mentioned, mailings did not go out in the winter. The properties that we have received applications for are divided into three categories. The A list are properties staff and the October 10, 2023 Page 35 CCLAC have recommended for purchase, the B list are properties that we recommend that we re-rank during the next cycle, and the C list properties are properties that the county does not recommend acquiring at this time. I can go through all three of the categories or whatever your desire is. COMMISSIONER HALL: Let's see the A list. COMMISSIONER SAUNDERS: I'd like to go ahead and hear the presentation, Mr. Chairman. CHAIRMAN LoCASTRO: Okay. Go ahead. MS. COOK: All of them? CHAIRMAN LoCASTRO: Sure. MS. COOK: Okay. So these are the locations throughout the county. And you can see, again, all of the -- they're spread out through the county. So it's multiple commission districts. The first property is in the North Belle Meade Preserve area, the Murawski Trust. This is located just east of North Belle Meade, and it's adjacent to the private conservation lands of the Rural Fringe Mixed-Use District. It's about -- it's a little under five acres, and the estimated property value is a little over $24,000. If you review our market values, ours take into consideration the zoning considerations such as overlays and zoning restrictions as well as the environmental consideration, such as mitigation for listed species and wetlands, something the property appraisers don't take into account when they estimate value for a property. The benefits to this property would -- it would expand the North Belle Meade Preserve, and it also is utilized by listed species, including the Red-cockaded woodpecker and the Florida panther, and it provides connectivity through that October 10, 2023 Page 36 wildlife corridor in that southern portion of the Estates. Potential pitfalls to this property are that Transportation Management Services' Wilson Boulevard extension may impact this property. So as Commissioner McDaniel was discussing before, we do look at impacts to other divisions within the county. The second North Belle Meade property is the Volpe Trust. It's eight and a half acres consisting of pine flatwoods and cypress, and the estimated market value is about $50,000. Again, this will expand the North Belle Meade Preserve. It provides connectivity to other publicly and privately owned conservation lands, and it provides wildlife corridor for Florida panther and other listed species, including the wading birds and the Red-cockaded woodpecker. Again, this property may be within Transportation Management Services' Wilson Boulevard extension area, so staff would need to work with them during the acquisition. Additionally on the A list, we have the Symphony Properties parcel, which is located south of Frangipani near 20th Street Southeast. This is 150 acres, and the estimated market value is a little over -- is about 7.1 million. It consists of a variety of different habitats, including pine flatwoods, pastures, and palmetto. There are listed species that have been found on site, including gopher tortoise and their burrows and it provides habitat for sandhill crane, caracara, and the Florida panther. Some other considerations are there may be recreational opportunities due to the existing conditions on the property, but some considerations that would need to be taken into account is there is no connection to any other Conservation Collier or private preserves. A Phase 1 environmental assessment would be recommended before acquisition, and there are some October 10, 2023 Page 37 structures on the property that would need to be removed, including chickee huts and a dilapidated barn and some shelters from shooting ranges. It's important to note that the northern 40 acres of the parcel, this area right here, is part of the Rural Fringe Mixed-Use District Neutral Lands, whereas the rest is part of Sending Lands. The other A-List properties include the multi property, including Red Maple Swamp, which is located north of Twin Eagles off of 41st Avenue Northwest. This multi-parcel project was approved in 2005 and, to date, Conservation Collier has acquired 78 percent of the area. Staff typically recommends for these multi-parcel projects a number of parcels that may be acquired during each cycle. For this cycle, it's estimated that four parcels or about 10 acres would be inquired. This is Red Maple Swamp and cypress habitat. It is adjacent to CREW lands, so there are partnership opportunities with the Water Management District, who manages the CREW lands, for management of these -- of this area as well. It's estimated this would cost about 1.1 million to acquire all of the additional parcels, not just the four that we're looking to obtain in the next -- this cycle. The second multi-parcel project is Winchester Head. We've discussed this one a number of times. It is east of Everglades Boulevard and accessible from 37th, 39th, and 41st Avenues. To date Conservation Collier has acquired about 63 percent of the area, and there's about 52 acres remaining. Again, staff would estimate that we may acquire about four acres during this -- four parcels -- CHAIRMAN LoCASTRO: I was going to ask you, these October 10, 2023 Page 38 totals here that say estimated cost, is that an actual appraisal, or that's just the estimation, and what we approve today, then we'll move you forward to the appraisal process? MS. COOK: So that would -- the 1.4 on this screen would be to acquire everything remaining, and it's based on market studies that have been done in these areas before. COMMISSIONER McDANIEL: So, no. CHAIRMAN LoCASTRO: Yeah. COMMISSIONER McDANIEL: So, no, it's -- MS. COOK: Correct. CHAIRMAN LoCASTRO: So after we vote on B, it's giving you the permission that we like what we see to move forward to appraisal. It's not -- it's not, as we all know, approving the immediate purchase of these? MS. COOK: Correct. CHAIRMAN LoCASTRO: Okay. We're in the early stages. MS. COOK: Correct. CHAIRMAN LoCASTRO: Okay. I just want to clarify that. MS. COOK: The Winchester Head area is vital for stormwater management and flood control in the Golden Gate Estates area, and there's partnership opportunities both with stormwater management and Collier County as well as the South Florida Water Management District and the Big Cypress Basin. The Panther Walk multi-parcel project is northern -- is located in northern Golden Gate Estates. It is west of Everglades Boulevard and spans from Immokalee Road south to 56th Avenue Northeast. To date, only about 9 percent of this multi-parcel project has been acquired. It is estimated that staff could obtain about 15 parcels during this cycle. October 10, 2023 Page 39 It is -- the entire project consists of a variety of habitats, mostly wetlands cypress, wetland hardwoods, and freshwater marshes, but there are some upland areas. This area would protect the Horse Pen Strand, which is vital for floodwater attenuation and aquifer recharge in this area. Additionally, this does connect to both private -- to private conservation lands both to the north as well as to the west, and the estimated cost, again, for the entire project is about $11.6 million. CHAIRMAN LoCASTRO: So the entire project is everything in red -- MS. COOK: Yes. CHAIRMAN LoCASTRO: -- and green. The proposal for the 15 parcels is everything in green, correct? MS. COOK: The green is what we already own. CHAIRMAN LoCASTRO: I'm sorry. So it would be the yellow parcels. That makes up the 15, right? MS. COOK: The yellow are actually in acquisition status right now. CHAIRMAN LoCASTRO: Okay. What color are the 15? MS. COOK: They would be 15 of the red ones. CHAIRMAN LoCASTRO: Okay. MS. COOK: Again, we would have to wait for people to actually apply. CHAIRMAN LoCASTRO: Okay. MS. COOK: And then, finally, the fourth multi-parcel project is the Gore Preserve, which we've also discussed before. This is located east and west of DeSoto Boulevard just both north of I-75. To date, staff has acquired about 29 percent of this preserve area, and it is estimated that we may obtain about 10 parcels or 20 acres during this cycle. Again, this is mostly October 10, 2023 Page 40 wetland habitats, but this does provide connectivity to the RLSA lands and the Florida panther refuge to the east as well as North Belle Meade and the Rural Fringe Mixed-Use Sending Lands to the west. The potential partnership opportunities for this are -- the Cypress Cove Landkeepers actually own the parcel kind of in the central of all the green, and there is an educational center there that they operate. Staff is working with them on developing trails as well as environmental educational programs for the Gore Preserve. So for the B list, we had three parcels. The first is the Dombrowiski parcel. This is 1.14 acres in the northern Golden Gate Estates consisting of freshwater marsh and cypress with an estimated market value of about $38,000. Pros to this property are that there are listed species found on site, but there are no connections to other preserves, which is why staff recommended it for the B list. The Hoffman parcel is located east of Keane Avenue and north of the North Belle Meade Preserve. It is 15 acres of cabbage palm and pasture habitat with an estimated market value of $70,000. Again, there are listed species on site, and it's within the 20-year Wellfield Protection Zone for Collier County. But potential considerations are that there are no connections to any other existing preserves, there is no public access to this site, and, again, the Wilson Boulevard extension may cut through this area, so we would need to work with Transportation before any acquisitions were to move forward. And then the third parcel recommended for the B list is the Connection Investors parcel, which is part of the McIlvaine Marsh near Fiddler's Creek. This is five acres of mangrove swamp with an estimated value of $26,500. This would expand October 10, 2023 Page 41 the existing McIlvaine Marsh preserve as well as provide stormwater surge protection during hurricane events. Again -- but, however, it is difficult to access, and there is no public access. And then we had three parcels that were recommended for the C list which would be -- that staff is not interested in acquiring at this time. The Adams Trust parcel is north of the Immokalee Road and Collier Boulevard intersection. It is 4.3 acres of Melaleuca wetlands. While there are listed species on site and it does connect to private conservation lands as well as CREW lands, it is difficult to access, and there is significant exotic coverage. It's also very unlikely to be developed based on the condition of the wetlands on site. I will probably butcher this name, but the Matlalatl parcel on Key Marco is 2.83 acres. It consists of mangrove swamp. Its estimated value is 3.4 million. And while it does provide storm surge protection and listed species on site, it is within an HOA. And the HOA documents state that these lots are for residential use only, not recreational. Additionally, the HOA and the CDD fees are about $23,400 annually right now, and HOA fees only tend to increase so that cost for the HOA fees alone sometimes is more than the management on some of the other preserves that we have. So that's part of the reason staff would not recommend acquiring this parcel. And then, finally, the Sanitation/Bethune Road parcel is in urban Immokalee. It's 387 acres, and there's seven -- at least seven distinct habitats on site with an estimated value of 4.8 million. While there are listed species on site and it's located within the Immokalee Slough, staff would highly October 10, 2023 Page 42 recommend that a Phase 2 assessment be done and any mitigation, because this parcel outlined i red on your screen is an old landfill. There are some concerns that were brought forth by the Immokalee Water and Sewer District for access and security concerns and, potentially, restoration would be needed for these parcels. The A-List properties with their total cost to Conservation Collier, not including the multi-parcel project. So just for the three on the A list, the Murawski, the Volpe Trust, and the Symphony Properties, is about -- estimated to be about $7.2 million. Commissioner Kowal, at one of the last meetings you had asked about the tax rolls. So in that third column, I was able to find the taxable value for each property as well as what their total property tax in 2022 was so that you could see what was actually coming off the tax rolls. I believe that was one of your concerns. So if staff were to -- if the Board were to move forward with the A-List properties tentatively, we have -- Conservation Collier has about $26.8 million available for acquisitions this year. With pending acquisitions from Cycles 10, 11A, 11B, and potentially moving forward with these, that would leave a remaining balance of just over $6.8 million for the rest of 2024's budget. So staff's recommendation is to approve the Cycle 12A Conservation Collier Active Acquisition List and direct staff to pursue the projects recommended within the A list in the order presented and bring the purchase agreements back to the Board for review and approval. CHAIRMAN LoCASTRO: Okay. I've got a couple commissioners lit up here. October 10, 2023 Page 43 Commissioner Hall, and then Commissioner McDaniel, and then Saunders. COMMISSIONER HALL: Thanks, Jaime. A couple questions. First one is, when we have property that could interfere with future Wilson Boulevard expansion, what are our options? I mean, are we stuck with that or -- MS. COOK: So, typically -- the Conservation Collier ordinance has an exceptional benefits clause in it that if Transportation needed to come in there, we could go through the process and just -- and explain why they needed that area; however, recently we have actually written that into the deed that would allow Transportation to acquire the portion of the parcel that they needed at the cost Conservation Collier paid for it without having to go through that additional step. COMMISSIONER HALL: Second question is: Where there's mangrove swamps, aren't mangroves already a no-no to build in? MS. COOK: You would have to get permission from the state to do so. They are regulated by the state. COMMISSIONER HALL: Okay. Thanks. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I'd like to make some suggestions here. Collier County -- first of all, the C-list properties, I'm done talking about them. I don't think we need to have that conversation anymore. Number 2, Collier County Government at large is not geared for buying environmentally sensitive properties. We're just not geared for it. That's -- the Symphony property that's on the A list, I would recommend it be moved away. Forty acres of it is already zoned in the RFMUD as neutral. It's one unit per five acres. The balance are sending, which those October 10, 2023 Page 44 development rights transfer and go somewhere else. So that's 7 million off the A list that, in my personal opinion, I think we could -- we could give some objective thought processes to even pursuing that piece of property. The Sanitation/Bethune piece of property needs to go away. That's -- maybe a portion of it, if we're successful in moving forward on -- you know, we've all expressed an interest in the Williams Ranch, and that property is part of that flowway that comes from the Seminole Reservation underneath Immokalee Road, First Street, up there and, ultimately, a flowway into Lake Trafford. Maybe some of the northern portion of that piece of property that's more inclined for that flowway management might be something that we could pursue. So my suggestion is pull Symphony off the A list. I'm not interested in making that acquisition. It's an isolated piece of property in the north end -- northeast end of the North Belle Meade and already has, relatively speaking, sufficient protection. CHAIRMAN LoCASTRO: You had a slide that had all the A-List properties. Can we pull that up so while we're talking about it we can get a better visual. COMMISSIONER McDANIEL: And then the other thing that I want to bring up -- and this has to do with maybe later on when we're making amendments to the Conservation Collier ordinance -- I don't want our taxpayers to have to pay twice. If we buy a piece of property that's in the way of a road and there's a significant public benefit involved in that acquisition, I don't want to have to transfer out Road and Bridges over into Conservation Collier. That's double paying, and I don't think we need to do that. So I would like that amendment to be considered in the future as we're going. October 10, 2023 Page 45 The other thing I would like to do, Commissioner Saunders, I don't know, a month or so ago brought up a very interesting point, and that is with the fee simple acquisition methodology that we're currently using, I'd like to expand our opportunities for buying easements and allowing the property to remain in someone else's ownership, but also getting the protection that's there, and that was a very valid point. The state does that on a regular basis. And the third is when we do buy a piece of property in fee simple, I don't want the development rights extinguished. I want the development rights and property rights that are -- that are coming with that acquisition to inure to the benefit of Collier County so that they can then be redistributed at another time for the value and for the benefit of the residents of Collier County. So, again, I'm in the process of developing a transferable development rights program for Golden Gate Estates at large. I'm going to bring that forward early next year. If Mr. Bosi's listening. MS. COOK: He's in the hall. COMMISSIONER McDANIEL: He is; I know he is. And, there again, environmentally sensitive properties, there are panther habitat units, there are gopher tortoise mitigation rights. There's mangrove mitigation rights. I want those property rights that already exist when we acquire a piece of property to inure to the county and then be utilized for the benefit of the taxpayers that are supporting the Conservation Collier Program and these acquisitions. The way the current ordinance reads, those are extinguished, and then they go away, whether they be development rights, TDRs, transferable development rights, and/or credits in the RLSA. October 10, 2023 Page 46 So those are some of my suggestions with regard to the upcoming ordinance as well as today's A list. MS. COOK: And, Commissioner, I will point out I think one of the benefits to Conservation Collier coming to Growth Management is that we do work with Trinity quite frequently on her long-range plan and the AUIR. So there is a lot of coordination going on between our staff and her staff already for these properties that may have impacts to transportation projects. COMMISSIONER McDANIEL: Yes, ma'am. I saw that. But when I was reading the language, I also saw that -- and we have made that adjustment for the right for acquisition. But, again, in my brain, it's a double pay for a piece of property that the county's already buying. CHAIRMAN LoCASTRO: I have a question for you, Commissioner McDaniel, on your comment about pulling some of the properties off of -- COMMISSIONER McDANIEL: Only one. CHAIRMAN LoCASTRO: I'm sorry. COMMISSIONER McDANIEL: Only one. CHAIRMAN LoCASTRO: Symphony? COMMISSIONER McDANIEL: Yes. CHAIRMAN LoCASTRO: Yeah, and that reasoning. And this is more of just a hypothetical. Is there any -- do we lose anything to let it go forward so that we see what details, you know, come back with all these properties to include that, or is your proposal that, why waste the time, right? I mean, staff's busy, right? I mean, that's why you're proposing it, right? COMMISSIONER McDANIEL: It's certainly not a waste of time. It's just a piece of property that's been availed to us that's -- and you saw the map when it was located up there. It's October 10, 2023 Page 47 up -- it's up in the northeast end of the North Belle Meade. Forty acres was designated as neutral, which is one per five. That can be developed at a total of -- do the math -- eight units can be put on that 40 acres in total, and the balance is already designated as sending -- CHAIRMAN LoCASTRO: Yep. COMMISSIONER McDANIEL: -- which prohibits any kind of the -- we can generate TDRs, transferable development rights, but no other -- no other development can transpire. CHAIRMAN LoCASTRO: Part of our job is to look at these priority lists and make these exact comments. Like you say, are we happy with A, B, C? COMMISSIONER McDANIEL: Do you have a thought? MS. COOK: I was going to say, the agent for this property did reach out and said that if you didn't want to move forward with the Neutral Lands and only move forward with the portion that is Sending Lands, they were amenable to that. So they're -- I would believe that there's probably options if you wanted us to move forward with getting appraisals and reviewing it. COMMISSIONER McDANIEL: You know -- and, again, to take what you said, Commissioner LoCastro, it's not a waste of time. Maybe -- maybe we make an adjustment and look solely at that 40 acres that's -- that lies within the neutral area. One of my -- and, again, I'd just as soon take the whole thing out. I have reservations with the entire Rural Fringe Mixed-Use District and the Sending and Receiving designations and proximity. And there was not -- when that original program was established, there wasn't an enormous amount of science that went behind the designation of these properties. So I'm -- again, I'm not saying -- I'm not saying absolute October 10, 2023 Page 48 no, but if we do anything, squirrel it back to just that 40 acres as it sits right now. CHAIRMAN LoCASTRO: And before I go to Commissioner Saunders, just to complete that thought -- and this is just, you know, us thinking out loud and having good healthy conversation. I don't love the idea -- I love the idea of the conversation of saying, you know what, that one's kind of a weak A list and maybe a no A list for lots of reasons that all have merit, but I also think that it's -- I don't like the idea of prematurely sort of doing a line-item veto without sort of getting back, you know, the appraisal or, like you said, let's say we left this in. Then all of a sudden you come back and say, wow, we had a conversation with the owner, and they came up with four different options of how this property could be broken up, or they took much less than the appraised value for whatever reason. So it's almost like if we say a definite hard stop no here, take it off, we lose the advantage of maybe finding out a little bit more about this property or other unique ways that it could be packaged. And then if, in the end, it still doesn't make sense, it's "no harm, no foul." I mean, I don't think it's an overabundance of time to put it on here. But, also, too, I agree with Commissioner McDaniel in the sense that sometimes we do see properties on here that really are a hard no, you know, when it comes to, you know, being A list priority. Let me go to Commissioner Saunders -- he's lit up -- and then I'll go back to Commissioner McDaniel. COMMISSIONER SAUNDERS: All right. Just a couple questions. Could you go back to that -- it may have been the last -- one of the last slides that had the funding available with October 10, 2023 Page 49 these properties' costs and how much is available and how much would be available if we purchased these. MS. COOK: Sorry. I'm trying to get there. This one or -- COMMISSIONER SAUNDERS: Keep going. That one. All right. So we have 26.8 million in the fund now. That doesn't count the 10-plus million for maintenance. MS. COOK: Correct. COMMISSIONER SAUNDERS: And then if we acquire all the properties on the A list that you've gone through, that will leave a balance of just under $7 million. MS. COOK: (Nods head.) COMMISSIONER SAUNDERS: And that's how much money Conservation Collier would have for the balance of this year and until October 1 of 2024? MS. COOK: Correct. COMMISSIONER SAUNDERS: What would be the activities that would take place during the year? Would you be still looking at other properties or what would -- what would you have the city -- the citizen committee do, and what would be your -- I'm just kind of curious as to what you would do for the next 12 months. MS. COOK: So the Cycle 12 mailings you just approved, so we would still go through the process, but we would have to rank the properties based on funding available, and then there's other properties that have reached out, such as the William's Reserves property out in Immokalee that would be -- need to be taken into consideration if we were going to move forward with acquisition. COMMISSIONER SAUNDERS: The Williams property in Immokalee, there are several funding sources to acquire that October 10, 2023 Page 50 property. MS. COOK: Correct. COMMISSIONER SAUNDERS: And I think the environmental portion of it would probably be a small portion of the total price. That would be somewhere around 7 or 8 million. So we could at least move forward with at least one property, potentially. MS. COOK: (Nods head.) COMMISSIONER SAUNDERS: All right. And I have no issues with moving forward with the list, getting the information, but if we do acquire all those properties, then we're sort of out of business here until 2024 -- 2025. MS. COOK: Yes. COMMISSIONER SAUNDERS: All right. Thank you. CHAIRMAN LoCASTRO: Commissioner McDaniel, and then Commissioner Kowal. COMMISSIONER McDANIEL: Just as a point of clarification, did I read in the backup data that there are environmental concerns; you're recommending a Phase 2 now before we move forward? Are there environmental concerns on that Symphony piece? MS. COOK: It was used for ag. There's some ponds on the site that we're not entirely sure if they were used for cattle dipping. So staff would recommend doing the Phase 2 assessment. COMMISSIONER McDANIEL: All right. And there again, that goes back to my original premise of us just shying away from manmade environmental sensitivity. We're just not geared for that. I have, in the private sector, environmentally distressed properties, old gas stations and that sort of thing, for development purposes, but we're just -- the government, we're October 10, 2023 Page 51 just not geared for those kind of acquisitions. So it's similarly on that point that I don't think we need to really pursue that Symphony piece of property or at least -- I mean, I'm okay with carrying it on and bringing it forward and doing the final exploration, as you had suggested, Commissioner LoCastro, but I -- my two cents on it is if we did anything, I'd only be -- I'd only be looking at the 40 acres that's in the neutral zone. The other thing I wanted to point out -- and this is an important thing for you folks to hear -- funding is not a requisite for the viability of an acquisition, not for you. There is funding limitations. We all know that; Commissioner Saunders brought that up. There are funding limitations, but I don't want that to be a requisite for you as we're moving forward on the viability of an acquisition. Now, we haven't amended the Conservation Collier ordinance yet and the program as of yet. I don't want us to get -- I don't want staff to get into a position of making a viable acquisition or determination on a viable acquisition based upon the theory of funding availability. It's imperative that we don't do that. It's up to this board to make those decisions, solely this board. MS. COOK: Correct. And no matter what properties were to come in the door, we would have to come to you and have you rank them. COMMISSIONER McDANIEL: Good. Well -- and forgive me for interrupting you. Terri hates it when I talk over people. But you brought it up based upon -- you made a statement based upon funding availability. And then what happens, when there's perceptions of funding availability, then appraisals are manipulated, circumstances are twisted around to meet the October 10, 2023 Page 52 theoretical need as to that funding availability as opposed to the viability of the acquisition, and that's what's paramount for our staff while we're moving through this, in my opinion. MS. COOK: Yes, understood. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. I just want to maybe get some clarity on what we're looking at right here and has already been stated. I just want to make sure I'm right. This number you're showing, this is a number if we had the opportunity to acquire all these properties in these particular projects. This is not what -- probably, realistically, what we would be able to purchase over the next fiscal year, because we only can purchase what's available and what's actually offered to us and what we actually assess and go through the process and negotiate. So I don't want -- what I'm trying to think is this -- you know, it's 19 million or whatever you're putting up there, that's a wish list if we could obtain all these properties within these groups of properties that you showed us today; is that correct? MS. COOK: Correct. For -- COMMISSIONER KOWAL: Okay. So, realistically, we're only looking at approving $369,000 today even if we move on to the actual list? MS. COOK: Correct. COMMISSIONER KOWAL: Yeah. So we're not -- I don't want people to get the impression that this is the number we're going to pay if we acquire these properties this year. MS. COOK: Correct. Some of these -- Commissioners, some of these do take a year or two to actually get through the whole cycle. So if it were expedited and everything were reviewed by the end of next September, this would be -- this October 10, 2023 Page 53 would be the numbers that we were looking at. But if they were to take longer, the processes were to take longer, then the numbers would be different, you're correct. COMMISSIONER KOWAL: Thank you. CHAIRMAN LoCASTRO: And out of that, too, we're hopeful that people will, as we saw at our previous meetings, accept lower than an appraisal value. And I understand exactly what Commissioner Saunders -- the point he was trying to make on this slide. But I'll just maybe take exception a little bit, because I agree with Commissioner Kowal, if we bought every single thing, we would have a little less than 7 million left. I think buying every single thing is probably not probable. Like you said, people come back, they're not interested in selling. They want the full appraisal value. We don't think it's worth it. Symphony property drops out. Numbers start changing. And so I would make the comment that if they have 7 million left, we'd be "quote" out of business. And I know that, you know, Commissioner -- words matter, but -- I know. But I know what he was referring to trying to show, you know, how the dollars change. But the reality is, there's properties you bring to us that are $24,000, and we buy them. So 7 million would buy a lot, and I think that number is going to be way higher once you come back with appraisals and some properties that aren't for sale and whatnot. So this is a good, you know, one-page snapshot. And, lastly, while he's still in the room, I want to just give Marco Island City Councilman Rich Blonna, really, our -- my thanks and credit for really showing leadership up here at the podium. That's the kind of leadership we need from the community and from other elected officials who we work with saying, you know, we want to be a partner. We're not running October 10, 2023 Page 54 in here banging on podiums saying we want to buy every single property on Marco Island because it's the most important thing, and if you don't do it then you're all horrible and hate the environment. So, sir, you know, I really commend you. We've been working closely on things, but you've really been leading from the front. And how refreshing it is to be able to say, you know, we're going to do a good job rank ordering the properties, and if we're fortunate enough to get the top two purchased, you know, maybe -- I'm summarizing your words, it would be maybe a little bit irresponsible of Marco to keep banging on tables saying "buy, buy, buy." It doesn't mean we don't put a spotlight on them. Yeah, thank you for that. It doesn't mean we don't continue to put a spotlight on it, and it doesn't mean we forget it. But I like how -- and I really appreciate you leading from -- you know, this is in my district, so we work closely together. But we don't hear that from enough people saying, you know -- hey, this is an important property, but it's not the number one. You know, let's try to spread the wealth, you know, a bit. So, you know, thank you, sir, for that. I've still got some commissioners lit up. Commissioner McDaniel, sir, and then Commissioner Hall. COMMISSIONER McDANIEL: Sorry about that. CHAIRMAN LoCASTRO: When I said "bang on tables," did you do that on purpose? (Simultaneous crosstalk.) COMMISSIONER McDANIEL: Well, no, no. It was to try to get you to quit. But my -- the thing on my pen was loose, and I had to tap it. CHAIRMAN LoCASTRO: Okay. Commissioner October 10, 2023 Page 55 McDaniel is done talking. Commissioner Hall. Commissioner McDaniel, go ahead, sir. COMMISSIONER McDANIEL: So the question of the day is, how much are we approving for you to purchase today, dollar-wise? MS. COOK: From this list you're not -- CHAIRMAN LoCASTRO: Nothing, nothing, nothing. MS. COOK: -- approving me to purchase anything. COMMISSIONER McDANIEL: We're just moving -- we're just making a motion to move this forward to do further exploration, and then you'll come back to us with actual agreements? MS. COOK: Correct. COMMISSIONER McDANIEL: Okay. CHAIRMAN LoCASTRO: And, actually, if we wanted -- if anybody up here wanted to move something from A to B or drop something off, like Commissioner McDaniel has sort of brainstormed here, we had that option -- we have that option right now to do so, correct? MS. COOK: Absolutely. CHAIRMAN LoCASTRO: Okay. Commissioner Hall, sir. COMMISSIONER HALL: So, Jaime, can you go back to the multi-parcel list, the one that showed all the red and the green and the little yellows popped in there. MS. COOK: Any particular one? COMMISSIONER HALL: Go to the big one, the next one. Right there. Yeah, right there. So we have the ones in green, and the ones in yellow are in progress, and all of the red is still available? MS. COOK: Correct. October 10, 2023 Page 56 COMMISSIONER HALL: And how long is this program for? COMMISSIONER McDANIEL: Ever. MS. COOK: So the Panther Walk Preserve, four acres of it were originally acquired in 2007/2008 era, and then nothing was acquired until 2018 when it -- when 40 acres was acquired. So this one's kind of the newer -- newest one in a sense, even though it's been around for a while in terms of acquisitions. COMMISSIONER HALL: I guess my question is, how long in the future would we have to purchase all of that? What's the possibility? MS. COOK: It depends on the owners and the Conservation Collier Program. COMMISSIONER HALL: So this program's been going for 15 years, and these people aren't jumping on the bandwagon to sell their properties to Conservation Collier? MS. COOK: No. COMMISSIONER HALL: I guess my frustration is, we have a little yellow dot there and a little yellow dot there, and we all feel warm and fuzzy like, yeah, we're really doing great when we're really not. I mean, at the end of the game, if everything goes away, and we've purchased these little yellow dots and these little green dots, we have absolutely nothing worthwhile. So I guess, in my mind I'm thinking, instead of purchasing property -- like Commissioner Saunders said, can we do something else with -- with options, you know, pay them a little nugget for an option for the next 10 years to purchase at a price, or can we do an easement to where we can protect the property? Because I don't like that. I don't like it at all. I think it's a waste of time, a waste of money, and it's a waste of effort, and it's not -- it's not really getting done what we really want to October 10, 2023 Page 57 accomplish in protecting Collier County's environment sensitive. These properties haven't been built on in a million years, and they're likely not going to be built on, you know, at all anyway. They're wetlands. So I'm -- I just -- I'm throwing a wrench in the deal just to make sure that we're doing really what we want to do. MR. FRENCH: Thank you, Commissioners. For the record, Jamie French, your department head for Growth Management. Commissioners, if I could simply point out, this is -- this is more so of that horizon. These are targeted areas that we are currently engaged with property owners to let them know of a letter of -- our intent of interest; however, we would even go back to the Williams property. We think that is pristine lands, and we absolutely do believe that these larger swaths of land encompass what the -- what the crafters -- and I've gone back to even the original administrator, Joe Schmitt, who sat around -- who serves on your Planning Commission on the -- for environmental, that we talked about the -- what jettisoned the idea of Conservation Collier. So, absolutely, we are looking at both those larger lands as well as these targeted environmentally sensitive areas, and we are engaging with the property owners. But, Commissioner, I can tell you, is that all of this land is able to be developed. As Commissioner McDaniel has pointed out, you can pay mitigation to develop your -- an acre of -- an acre and a quarter. COMMISSIONER HALL: I agree, but there's a likelihood of it. And so what I'm saying is the risk of it being developed is less than the risk of buying little pieces of it and hoping that we're doing all the good for the county. The Williams property is a classic example of what I think this October 10, 2023 Page 58 program's all about. MR. FRENCH: Yes, sir. Yes, sir. And so we are balancing what has been those targeted areas to engage those letters of interest. And what Ms. Cook has showed you today is exactly -- we are currently in negotiation with all of those properties. And Commissioner Kowal is absolutely correct, they could drop out. They could raise the price. They could say, you know what, I'm going to hold this because I think it's got value for whether it's transfer of development right credits or maybe I'll engage, and what you heard today on summary, where you're going to have lots of expensive -- or a small amount of expensive homes on a very large swath of land. So we are fully aware, and we're exploring new ideas with the CCLAC as well as with you as commissioners in the community to best use those dollars to embrace this program. COMMISSIONER HALL: I guess -- thank you, Jamie. I think -- I guess my main point is if we could buy everything in red, I'd love that. I mean, that would be perfect. But to sit and piecemeal it just boom, boom, boom, boom, it just frustrates me. I'm done. COMMISSIONER McDANIEL: Do I need to do that to you, too? CHAIRMAN LoCASTRO: Mr. Miller, do we have public comment? MR. MILLER: One. CHAIRMAN LoCASTRO: Okay. I'm going to go to Commissioner McDaniel, and then we'll -- we have a public comment. Sir. COMMISSIONER McDANIEL: And just to -- Commissioner Hall, just to add to your frustration, you're October 10, 2023 Page 59 looking at a microcosm of what's going on in Eastern Collier County. If you move north of Immokalee Road, you move -- you move through an extremely environmentally sensitive area all the way up into the Audubon's -- the bird sanctuary, where I live. That pond that's there on the west side of this map, that's my old Big Island mine. On the south end of that is the 846 Land Trust, which is currently known as the Immokalee Rural Villages. Along the north end, on the south end of that pond and along the north end of the 846 mine is a protected wildlife corridor. The developer of the 846 Land Trust is contributing a couple hundred feet of right-of-way along Immokalee Road for wildlife corridors, water transfer, transference as well. So this is a microcosm of an already designated flowway, environmentally sensitive area, and corridor travel. And I wasn't -- I wasn't saying that as -- you know, as a slant on what you were saying. The frustration is shared. This target protection area has been -- has been named, and it's based upon the environmental sensitivity of the properties that are within that area. But our moving -- our moving forward on these acquisitions is critical. I mean -- there again, one of the things that was originally proposed by the developer on that -- on the northeast corner of that 846 Land Trust was a wildlife crossing and a weir system to be able to -- for us to have a pump system to be able to move forward out of -- that canal that runs down along there on the east side of 846 is one of the main canals that comes all the way -- ultimately, those waters flow into the Gordon River. COMMISSIONER HALL: Sure. COMMISSIONER McDANIEL: We have an enormous amount of public benefit that can come by acquiring lands out in October 10, 2023 Page 60 this area. COMMISSIONER HALL: I agree. But if you look at the yellow that we're going to -- that we're looking at purchasing -- COMMISSIONER McDANIEL: Right. COMMISSIONER HALL: -- where it ties in with the green, it's just -- it's not very promising. COMMISSIONER McDANIEL: Well -- and it -- also, that also ends up adding to our frustration because this is a designated environmentally sensitive area, but we've got private property rights that reign supreme; period, the end. If we have a property owner that owns a piece of property in this designated area that doesn't want to sell, these are going to remain red forever. CHAIRMAN LoCASTRO: I was just going to add, I agree with the frustration piece but, also, on the Conservation Collier side, they have some maps that we could pull up right now that are big, giant green chunks that weren't one big piece of property. It was all these little piecemealed things that Conservation Collier tried to put together. And I agree with you, the frustration of waiting over time to get this little triangle and this little triangle and this little triangle -- but there are some big success stories where Conservation Collier did acquire a big chunk of land that's all green that was, at one time, a bunch of tiny little rectangles. And I think the hope is you sort of work your way through this. But as we said at our last meeting, we saw some maps that, wow, you know, they looked very sporadic, very -- you know, like somebody threw darts at a map. I mean, it would be nice if we could pull them all together. In some cases, though, they have, or it was a small, little green piece but it was connected to a bigger piece that Collier County already owned. I think we October 10, 2023 Page 61 saw one of those maps there. So I don't necessarily disagree, but I know that there -- the mission is to try to connect all of these reds into, you know, one solid green piece, and in some cases that has happened in some really environmentally sensitive areas. Mr. Miller, we have another public comment? MR. MILLER: We have one public comment on this item, Brad Cornell. MR. CORNELL: Good morning, Mr. Chair and Commissioners. Brad Cornell with Audubon Florida and Audubon Western Everglades. A couple things in this conversation about your 12A -- Cycle 12A Active Acquisition List for Conservation Collier. This is a short list because the target mailing hasn't gone out yet, but, you know, you've gotten some really excellent applications. These are actual applications. These aren't potential. These are people who've already applied, and they're waiting to hear, you know. They've been ranked by your staff and by your committee, by the CCLAC, as you see in the presentation by staff. I would recommend -- Audubon recommends that the Connection Investors parcel that's immediately adjacent and within the McIlvaine Marsh, that be added to the A list because it's really part of that whole mangrove swamp area that's -- it doesn't -- it's not separated. It's not an isolated parcel. So we would recommend that be an A rather than a B. CHAIRMAN LoCASTRO: Can you pull up that list again that shows A, B, C just so we can put a visual on it. COMMISSIONER HALL: There it is. MR. CORNELL: So the green is already acquired, and the Connection Investors is immediately adjacent to that green. October 10, 2023 Page 62 In addition, the Symphony property is 150 acres. That's big enough to stand on its own as its own preserve. So the fact that it seems to be not adjacent to other preserves shouldn't matter. It's a very valuable piece of habitat as 150 acres and can be managed as such and would have great value. I also want to point out that that area of North Belle Meade next to Golden Gate Estates and Frangipani is very wildfire prone, catastrophic wildfire prone, and it's had fires, big fires, in this same area. So this is an opportunity for us to manage that and make sure we don't have those kind of -- if we can get thorough hydrologic restoration and do more prescribed burning and manage it, that's the way to do that. And I'll also point out that the private north -- the North Belle Meade Rural Fringe Mixed-Use District TDR parcels that have already been protected with easements, they're not being managed, and we have a problem with that part of the Rural Fringe Mixed-Use District. They're not being managed. So we need to get -- buying this land is a much better way to accomplish that. And, finally, I'll just point out on multi-parcel projects, Picayune Strand is a 55,000-acre CERT project. It was 17,000 acres of the South Golden Gate Estates that the state reassembled. It is very possible to reassemble these, and Panther Walk just started, just last year. In the very first year of being a multi-parcel project, 20 people applied in one year. That says something. This project is doable, and we just need to be patient. Thank you very much. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Well, I'm going to make a motion for approval and I'm going to also, in the motion, make October 10, 2023 Page 63 a -- ask a question. Let me ask a question. On the McIlvaine piece, how did it end up on the B list when it's right there in the middle of -- or in between what we already own? MS. COOK: The access concerns. COMMISSIONER McDANIEL: And that was solely the access concerns? MS. COOK: Even access for staff to manage the parcel -- COMMISSIONER McDANIEL: Okay. MS. COOK: -- was a concern. COMMISSIONER McDANIEL: Okay. We already own the green. MS. COOK: We own the dark green, yes. COMMISSIONER McDANIEL: How do we get to it? MS. COOK: We need to coordinate with Rookery Bay when we want to get in there currently. COMMISSIONER McDANIEL: Okay. MS. COOK: And it's been difficult for staff to be able to get in there to manage that parcel. COMMISSIONER McDANIEL: Okay. CHAIRMAN LoCASTRO: When you come back, though, we could always move things from A to B to B to A, correct? I mean, this is the time to do it -- MS. COOK: This is the time -- CHAIRMAN LoCASTRO: -- because it's your priority, right? MS. COOK: -- that we want you to do it. If you would want us to move forward, we would ask that you would move anything off the B list over to A if you wanted. COMMISSIONER McDANIEL: Well, I'll make a motion to approve for the A list and then -- and move McIlvaine from the B to the A. October 10, 2023 Page 64 CHAIRMAN LoCASTRO: I'll second that. I'm sorry. Oh, Commissioner Saunders, sir. COMMISSIONER SAUNDERS: No. I was just going to ask the -- Commissioner McDaniel to amend his motion to add the McIlvaine Marsh to the A list for consideration to be brought back, so that was -- CHAIRMAN LoCASTRO: It looks like we're doing that. COMMISSIONER McDANIEL: You could have just said "second." CHAIRMAN LoCASTRO: I'm sorry. I just jumped. I'm trying to move things. I want to get to -- we've got a lot on the agenda today. Okay. So we have a motion from Commissioner McDaniel, a second from Commissioner LoCastro. All in favor to approve the list and to move this particular property to the A list and have the staff move forward. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. Thank you, Ms. Cook. Instead of taking a break, let's go to Quiet Florida, since they were waiting. I think it won't take that long, and then we'll take a break. Sorry, Terri, if I can do that. Go ahead. Item #10A October 10, 2023 Page 65 RECOMMENDATION TO HEAR A REPORT ON QUIET FLORIDA EFFORTS AND DISCUSS THE REQUEST BY QUIET FLORIDA TO REDUCE THE NOISE POLLUTION FROM ILLEGAL VEHICLE MODIFICATIONS. (ALL DISTRICTS) - MOTION TO HAVE STAFF AND THE SHERIFF’S OFFICE DEVELOP AN EDUCATIONAL PROGRAM AND TASK FORCE BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER MCDANIEL – APPROVED MS. PATTERSON: Commissioners, that brings us to our 10:00 time-certain. Item 10A is a recommendation to hear a report on Quiet Florida efforts and discuss the request by Quiet Florida to reduce the noise pollution from illegal vehicle modifications. This item is brought to the agenda by Commissioner Saunders. COMMISSIONER SAUNDERS: And, Mr. Chairman, I added this to the agenda. Ms. Tatigian wanted to bring the Board up to date on some issues. I also asked if Sheriff Rambosk could be here. I know he's very busy, but he's been sitting here for an hour and a half waiting because -- waiting for this item, because the Sheriff has been very aggressive in enforcing the law as it relates to noise. And I've asked him from time to time if we could get him additional personnel to even improve that. As a matter of fact, I think it's fair to say the number of stops for noise and tickets for noise in Collier County exceeds the number that they're issuing in Dade County, as an example. So the Sheriff is really working to improve the quality of life in Collier County by eliminating this noise as part of his efforts. And so that's why I asked him if he would be here to October 10, 2023 Page 66 talk a little bit about that. But Ms. Tatigian has just an update, and then I have a couple of comments at the end. CHAIRMAN LoCASTRO: Go ahead, ma'am. MS. TATIGIAN: Good morning, Commissioners, and thank you in advance for your time. I know you're very busy. Again, my name is Mary Tatigian, registered nurse, a resident of Naples for 40 years. I started -- we started Quiet Florida about two years ago due to the excessive noise we were experiencing from modified mufflers and aircraft. Modified muffler, as it states, is an exhaust system that has been altered from its original design to produce a louder sound. What we're asking is for folks to drive responsibly. We want everyone to have fun and to have their hobbies, but please drive responsibly. We are indebted to the Collier County Sheriff's Office. They have been phenomenal. I've worked closely with Lieutenant David Breuning, who's been a godsend. We know what the problem is. It's the modified exhaust on motorcycles and vehicles. Also Jake braking and modifications to dump trucks cause a great deal of noise for the residents in Collier County. We've discussed in the past, and as a registered nurse for 30 years, it's been one of my focal points that noise pollution causes negative health impacts, mental and physical, such as high blood pressure; heart disease; cardiovascular issues; sleep disturbances, which is a huge issue; stress; depression; anxiety; just quality of life is negatively impacted by chronic excessive noise. Florida -- Florida legal exhaust noise summary states that it's against the law to modify your muffler. We have a statute, October 10, 2023 Page 67 316.293, that states that we cannot modify an exhaust. It is against the law. That has been in place since 1979. We came up with a multifaceted approach because it -- the law enforcement needs assistance. It can't all be on law enforcement's shoulders. So we came up with a list of ideas for each department. Collier County Commissioners, we ask to protect our quality of life, allocate funds to the Sheriff's Office, and to start lobbying for a revision to the modified muffler statute. For noise cameras, stricter fines and the use of "plainly audible" regarding modified mufflers. We're asking Transportation Planning Department to use signs; place signs in areas where maybe dump trucks are in residential areas or established roundabouts; slower speed limits in residential areas. Do something to help the quality of life of residents. Collier County law enforcement, we're asking to start a specific task force to engage with the community, educate, visit body shops, car dealers, establish referee stations, which I'll get into a little bit later, and also Naples City Council, to work with the BCC in their city limits. "Plainly audible" ordinance is what we're using now for music, loud music from vehicles. The ordinance defines "plainly audible" as any sound produced that can be clearly heard by a person using his or her normal hearing faculties with a distance of 50 feet or more, but I think that's been reduced to 25. The -- what I was speaking of, the referee stations, in the OPPAGA study that Senator Passidomo initiated, the 50-page report, California's using referee stations, whereas somebody might get a ticket, they'd have to phone the referee station, set October 10, 2023 Page 68 up a time where they go and have their muffler -- the decibel sound tested. We thought -- California's using community colleagues. We thought James Lorenzo Walker would be an excellent place to do that, as they have an automotive program already set up. You could go there. You could educate the new mechanics coming up, as well as have your muffler tested. You take that compliance certificate, whether you fail or pass, and show that to the judge whether your vehicle is in compliance. Are Jake Brakes illegal? I get many, many, many, many complaints from my members, over a thousand members I have in my group from Jake Brakes. I don't think anybody's monitoring dump trucks the way they drive up and down 951. I drive about 50 miles an hour. They fly by me. One person in my group stated, why in the world would a trucker use Jake Brakes on level ground like Florida? They were designed for mountainous regions, Pennsylvania, West Virginia, or in the Northwest. The only reason to use a Jake Brake in Florida is going over the speed limit. They're speeding. They're driving really fast, and they come to a light, and they want to stop. They don't want to use their brakes, so they use the Jake Brakes, which is a compression system, which gives off a huge noise. I live three-quarters of a mile from 951. My windows vibrate some days -- not every day, but some days -- with the dump trucks. It's just a horrendous noise. So why don't we put up signs, "Jake Brakes prohibited." Try something. Visit the gravel pits. Do not use your Jake Brakes. Are you modifying your mufflers? Can't somebody find out about this to try to preserve our quality of life? We would appreciate it. Noise cameras, which we spoke of before, are being used in October 10, 2023 Page 69 New York, New Jersey, Tennessee, California, and Miami Beach, and we feel that they would be an added bonus. Rueben Peckham from England visited us, and we had a meeting with Transportation Planning about the effectiveness and the usage of these cameras, so we would really like you to consider that as well. That way it gives the police -- we wouldn't have to use as many police officers. If we had these cameras set up, it would allow the law enforcement to do a lot of other jobs instead of stopping modified mufflers. I don't know if you're on social media or not. I am, with my group. But I get a lot of feedback from the community about -- and this is just -- I don't have to read all this to you, but just comments from people that have lived here for long periods of time. We're residents. We pay taxes. We vote. We work hard. We give back to the community, yet we feel that our consideration of our paradise -- my three acres of paradise now is being subjected to chronic noise. So it takes away from our quality of life, and all my thousand members, and probably more people. So we're asking you, please, to consider implementing some of these ideas that we have to quiet the noise. Like I said, oh, my God, when I moved here in 2015, it was so quiet and serene at Forest Glen. I loved sitting outside. Now it sounds like a racetrack. Something needs to be done. This is an infringement on our rights. Why don't they just give them tickets or jail time? This is what I hear constantly from my members. And that is just a flyer that -- working with the Sheriff's Department helped design that for us, Quiet Florida, just who we are, a non-profit community organization working to preserve peace and quiet in our neighborhoods, and we're asking you to October 10, 2023 Page 70 do all you can to help us. Appreciate it. CHAIRMAN LoCASTRO: Thanks. MS. TATIGIAN: Thank you. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Did you have anything else? MS. TATIGIAN: Yes, I do. There's two other speakers. CHAIRMAN LoCASTRO: Public comment, Mr. Miller. MR. MILLER: Yeah. I have three registered public commenters. COMMISSIONER SAUNDERS: Let's hear from them, if don't mind, Mr. Chairman. CHAIRMAN LoCASTRO: Yes, sir. MR. MILLER: Your first speaker will be Joy White. She'll be followed by Beth Petrunoff. MS. WHITE: I'm sorry. I'm not on this one. MR. MILLER: What am I doing? Okay. Beth Petrunoff, followed by Mary Young. CHAIRMAN LoCASTRO: Mary Young here? MS. YOUNG: Yes, right here. CHAIRMAN LoCASTRO: Yeah. If would just queue at the other podium so we can -- thank you. MS. PETRUNOFF: Hello. CHAIRMAN LoCASTRO: Hi. MS. PETRUNOFF: I'm Beth Petrunoff, and I'm a city council member and resident of Naples. Mary Tatigian asked me to come today in support of this and to link with the BCC, and this is my reason for being here. I wanted to say that we are a vibrant community who enjoy Collier County's great outdoors. The outdoor activity has increased in the last three years with, in our case, the October 10, 2023 Page 71 proliferation of outdoor dining. This concept ensures that our businesses grow and thrive. One impediment to growth is the irritating noise generated from these modified mufflers, particularly on Fifth Avenue. It is a loud, irritating guest at a -- that is uninvited at a party. The good news is that we've made a -- we have a statute in place, and it's been in place for 45 years. The bad news is we do not really have the resourcing to enforce it. A rule without enforcement are but words on a piece of paper. I would like to see a task force to include the Sheriff's Department to pilot an enforcement program using noise monitors described by Ms. Tatigian. She's a private and caring citizen who voluntarily has taken it upon herself to help our community. It's a tribute to this board that citizenry can have a voice like Mary's. This pilot would determine if we can finally solve the noise issue through an efficient enforcement technology. Nietzsche wrote that our greatest experiences are our quiet moments. I respectfully ask our commissioners to help provide these great experiences to our residents we serve and the visitors that make us thrive. Thank you for your consideration. MR. MILLER: Your final speaker is Mary Young. MS. YOUNG: Good morning, Chair LoCastro and County Commissioners. My name is Mary Young. I'm a resident of City of Naples, and I'm here today representing the Olde Naples Association to talk to you about the growing problem of noise disturbance in and around Olde Naples from illegal modified muffler vehicles. I know this is an issue you are well aware of, and I thank you all for the work you are doing to investigate potential ways October 10, 2023 Page 72 to address this ongoing problem that has such a profound negative impact on our residents. Olde Naples is a vibrant portion of the county made up of a variety of residential and commercial properties owned by locals who are dedicated to keeping Naples a great place to live, work, and visit. We all market ourselves as a little piece of paradise. Our O&A board spends many hours developing, supporting, and influencing city and county policies that support our mission to preserve the charm and character of our neighborhoods. Many of the noises we hear in the city can't be easily avoided, as they are part of what makes a city tick: Traffic, garbage trucks, construction noise. But occasionally we do have the opportunity to address nuisance noise like the kind created by modified muffler vehicles which parade through the most densely populated and most visited commercial areas in our city, namely Fifth Avenue South and Third Street South, causing havoc among residents and visitors that come to downtown Naples for a relaxing, peaceful, and enjoyable experience of shopping and dining. We also observe that many of these vehicles are regular violators and it seems are just looking for attention. They do not add to the enjoyment or economic value of the city in any way. We are enthusiastic about the new noise camera technology which may offer an improved enforcement solution for our police personnel to address this problem in a more efficient and safe manner. Eliminating much of the noise from the cars, trucks, and motorcycles that use modified muffler systems has the potential to make a significant positive impact on the quality of life of our residents and our visitors. We appreciate your efforts to budget for and support these October 10, 2023 Page 73 new enforcement efforts that are in line with already approved laws and ordinance. We thank you for your work on this serious problem and for all that you do in service to our community. Thank you. MR. MILLER: That was all your speakers on this item, sir. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I don't know if Sheriff Rambosk wants to make a couple comments before I jump in here. SHERIFF RAMBOSK: Good morning, Commission. As you know, we have been working together with Quiet Florida. In fact, prior to Quiet Florida being established, we began working. I can tell you that in the last two years, the enforcement awareness and information efforts of our organization have really surpassed that of anybody in our region, as the commissioner mentioned before. So we've made a commitment. I will state for the record that I would support developing a task force, work together with the City of Naples Police Department, the Marco Island Police Department, and the Florida Highway Patrol. We have good working relationships with them. I would ask that you let that group review what the recommendations are, some that have been made here today and others that may be available to us, and allow them to work together with Quiet Florida to develop recommendations for the future for you. COMMISSIONER SAUNDERS: Thank you, Sheriff. Mr. Chairman and members, I already have authorization October 10, 2023 Page 74 from the Board to work with our legislative delegation to work on some statutory changes to increase fines and to get the Florida Legislature to approve the "plainly audible" rule, have that applied to mufflers as it already applies to loud music from vehicles, and so that's underway. I've met with Commissioner Passidomo -- Commissioner -- President Passidomo's office, and we're reaching out to other delegation members to proceed with that. But there are two things that I think I would like to add to that list of things that we're working on currently. One is to try to develop some kind of an educational program, as Ms. Tatigian has pointed out, so that we can have all of our shops that are working on vehicles at least know -- have them educated on the fact that if they are modifying mufflers, that is illegal and that hopefully that would prevent some of them -- some of the shops from doing that kind of work. So I'd like for our staff to work with Ms. Tatigian and the Sheriff's Department to develop that type of thing and then have a program to really disseminate that throughout the county to make sure that all of these shops are aware of what the law is. But more importantly, and I think most significantly, to tag onto what Sheriff Rambosk has just said about a task force, I would like the Commission to vote today to ask the Sheriff, with Ms. Tatigian and other interested parties, to come back with us with how this task force would be constructed, what it would need. I think Sheriff Rambosk would be sort of the lead of helping us develop what this task force would look like, but I'd like that direction from the Commission. And I'll just simply -- I'll make that as a motion on all four of those items. But one of the things we're all committed to is improving the quality of life of our residents. That's one of the main October 10, 2023 Page 75 things of being on a commission. Code enforcement, law enforcement, all of those things are efforts to improve the quality of life of our community. This is just another one of those. And I've spoken to dozens and dozens of people over the last several months concerning noise. I've sat in a restaurant where, you know, you're having a nice dinner with your family outdoors, and, you know, a vehicle comes by with a modified muffler, and you have to sit there for five or 10 minutes just to calm down, and it's just something that is illegal, and we should take even greater efforts to make it as little of a problem as possible. So I would make the motion that we have our staff work with the Sheriff's Department to, number one, develop this educational program to make sure it's disseminated throughout the county to individuals and shops that would be of interest and that we work with Sheriff Rambosk to develop this task force and have that recommendation come back to the Board as quickly as possible so we can develop that, and I will continue working with Senator Passidomo and our legislative delegation on some of the statutory changes. So I'll make that as a motion, Mr. Chairman. CHAIRMAN LoCASTRO: Okay. Before we vote on the motion, I have two commissioners lit. Commissioner McDaniel, and then Commissioner Hall. COMMISSIONER McDANIEL: I'll second the motion. I was going to do that anyway. But I do have a comment, and it had to do with the -- and I appreciate you clarifying the motion, Commissioner Saunders. I'd like the Sheriff to work with our staff to establish the task force, then bring in the public to engage with that task force October 10, 2023 Page 76 to better improve the efforts of the task force, so I appreciate that clarification. And as a point of discussion, after the second, it had to do with the comment that Mary made with regard to the Jake Brakes. I have no issue in installation of "no Jake Brake" signs. Those are -- some of the things that Mary shared -- I'm quite familiar with dump trucks and their operations. It's not just -- Jake Brakes are not just a mechanism utilized in the northern states. They are utilized in the northern states a lot, but they have other benefits that come along with it. The modification of the mufflers has as large of an impact as the utilization of the Jake Brakes. And I have successfully reduced the utilization of Jake Brakes with communication with the industry, with the mining industry, with the trucking industry and signage. So if we can go forward with that -- COMMISSIONER SAUNDERS: If you'll allow -- I'll modify the motion if you'll let me do that, to add what you just said -- COMMISSIONER McDANIEL: Okay. COMMISSIONER SAUNDERS: -- in terms of the Jake Brakes and signage and have staff work with the Sheriff's Department on that issue as well. COMMISSIONER McDANIEL: I'd second that -- I'd second that modification. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: As another point of discussion, when I look at the consequences section of this brochure, the first offense is 315, the second one's 600 and whatever. You know, you don't accidently have a modified muffler. You do it on purpose, and I'd like to see those consequences raised way up there, even with loss of driver's October 10, 2023 Page 77 license if it was to continue. A lot of people just pay those fines and keep on going. But if the consequences are, you know -- remember back to Baretta? If you can't do the time, don't do the crime. That's what I'd like to see just as a point of discussion. I'd like to see the consequence be a lot steeper. COMMISSIONER SAUNDERS: Mr. Chairman, if I might just quickly comment on that. That is part of the effort in terms of increasing the fines. I sort of in jest at one point said each time somebody gets a ticket, let's double the fine, and after three or four, five, six tickets, they're going to no longer be able to afford to drive. But we will work on increasing the fines. CHAIRMAN LoCASTRO: Okay. So I have a motion from Commissioner Saunders with some additional changes that we've -- that Commissioner McDaniel has seconded and agreed to. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: Okay. It passes unanimously. Because we went a little bit over, and I know Terri's -- she's giving me the evil eye, and we also have a lot of people here and few bathrooms. I'd like us to come back at -- I know 11:20 seems like a lot, but we get a lot of complaints that people are trying to get to the podium and can't get to the restroom and whatnot. So let's come back here at 11:20 sharp and continue. That gives Terri a little bit of an extra break as well. October 10, 2023 Page 78 (A brief recess was had from 11:04 a.m. to 11:20 a.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Okay. If we can have everybody take their seats so we can get started on time. For the sake of the agenda, we will now move to 9A, which has a companion item of 12A as well. So, County Manager. Item #9A RECOMMENDATION TO APPROVE AN ORDINANCE AMENDING ORDINANCE NUMBER 2000-88, THE COCOHATCHEE BAY RESIDENTIAL PLANNED UNIT DEVELOPMENT, INCREASING THE DWELLING UNITS FROM 590 TO 600; CHANGING THE PERMITTED USES IN THE GOLF COURSE (GC) DISTRICT; AND INCREASING THE ZONED HEIGHT LIMITATION OF 17 STORIES AND 175 FEET FOR BUILDING FIVE ON THE NORTH PROPERTY LINE ADJACENT TO ARBOR TRACE TO MATCH THE MAXIMUM ZONED HEIGHT OF THE OTHER FOUR BUILDINGS OF 200 FEET. THE PROPERTY IS LOCATED ON THE NORTHWEST AND NORTHEAST CORNERS OF WIGGINS PASS ROAD AND VANDERBILT DRIVE IN SECTIONS 8, 16, 17, AND 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 532.09+ ACRES. (PUDA- PL20220001142) (THIS ITEM IS A COMPANION TO ITEM #12A) (DISTRICT 2) ORDINANCE 2023-46: - MOTION TO ADOPT W/CHANGES BY COMMISSIONER HALL; SECONDED BY COMMISSIONER MCDANIEL – ADOPTED MS. PATTERSON: Commissioners, Item 9A does require October 10, 2023 Page 79 the commissioners to provide ex parte disclosure. This is a recommendation to approve an ordinance amending Ordinance No. 2008-88, the Cocohatchee Bay Residential Planned Unit Development, increasing the dwelling units from 590 to 600, changing the permitted uses in the golf course district, and increasing the zoned height limitation of 17 stories and 175 feet for Building 5 on the north property line adjacent to Arbor Trace to match the maximum zoned height of the other four buildings of 200 feet. The property is located on the northwest and northeast corners of Wiggins Pass Road and Vanderbilt Drive in Sections 8, 16, 17, and 20, Township 48 South, Range 25 East, Collier County, Florida, consisting of 532.09-plus acres. This is a companion to Item 12A, which I will also read now. Item 12A is a recommendation that the Board of County Commissioners consider the amendment to the settlement agreement and release proposed by Lodge/Abbott Associates, LLC, and Lodge/Abbott Investments Associates, LLC, owners of the Cocohatchee Bay Planned Unit Development, to allow the Cocohatchee Bay Planned Unit Development to be amended and provide consent to the amendment of the Declaration of Covenants for Area 1 on the golf course tract east of Vanderbilt Drive. For these items, we need the participants to stand to be sworn in. MR. MILLER: If you've registered to speak, you need to stand to be sworn in, please. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the October 10, 2023 Page 80 affirmative.) MS. PATTERSON: Commissioners, ex parte. CHAIRMAN LoCASTRO: Okay. Commissioner Kowal, ex parte on 9A and 12A. COMMISSIONER KOWAL: Yes, sir. I have, on 9A, meetings and correspondence. CHAIRMAN LoCASTRO: Okay. Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I have meetings, correspondence -- let's see -- calls, emails, the whole list. CHAIRMAN LoCASTRO: Okay, sir. Commissioner Hall. COMMISSIONER HALL: I've got it all; meetings, correspondence, emails, and calls. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Meetings, correspondence, and emails. CHAIRMAN LoCASTRO: Yeah, and I had meetings, correspondence, and emails on both. Okay. MS. PATTERSON: Thank you. Mr. Yovanovich. MR. YOVANOVICH: Thank you. CHAIRMAN LoCASTRO: Before we go to Mr. Yovanovich, just, Mr. Miller, how many public speakers do we have? MR. MILLER: It's a little fluid because people come and drop off Zoom and get on Zoom, but right now it looks like 46. CHAIRMAN LoCASTRO: Okay. And one of the things that we did at the last meeting that I thought was successful is, you know, we'll mix it up -- October 10, 2023 Page 81 MR. MILLER: You want to go back and forth? CHAIRMAN LoCASTRO: -- a little bit, yeah. People, you know, that are on Zoom -- MR. MILLER: I'll let my Zoom guys know. Thank you. CHAIRMAN LoCASTRO: Mr. Yovanovich, sir, the floor is yours. MR. YOVANOVICH: Thank you. Good morning. For the record, Rich Yovanovich on behalf of the applicant. With me today for the applicant is Dick Corace; Ellen Summers is our professional planner; Karen Bishop is here to answer questions regarding the project and, in particular, drainage, if necessary; Norm Trebilcock is our transportation consultant; and Tim Hall is our senior ecologist for the project. The Cocohatchee Bay PUD has been around since December of 2000 and has had a history that involved a couple of amendments and, ultimately, the project was most recently approved as both a PUD and as a settlement agreement as the result of a Bert Harris action that was filed because the Board of County Commissioners at the time denied our request for an amendment to the PUD. This is unique because you rarely see the requirement to both amend the PUD and amend a settlement agreement, but the PUD is actually referenced in the settlement agreement; therefore, we have to amend both of those documents. The settlement agreement itself took multiple years to negotiate. Initially, it was presented to the Board of County Commissioners in 2006. You'll primarily hear some quotes from that hearing in 2006, but that agreement ultimately was not adopted in 2006, and there were several public hearings before the Planning Commission and meetings with the neighbors as part of the Planning Commission hearing and, ultimately, the October 10, 2023 Page 82 settlement agreement was adopted in 2008. So the settlement agreement itself clearly says that it can be amended, and that is what we're here to do today is request an amendment to the settlement agreement, and that settlement agreement, should the Board of County Commissioners want to amend it or agree to amend it, specifically allows for that process. It also specifically allows for the process of amending the declaration, which requires a supermajority vote to go about doing that. I will take you through a little bit of details of both the settlement agreement and the PUD, but just from a project history standpoint, the project started basically construction in 2015 with the towers you see today. We have recreational facilities. Three towers are complete, and one is under construction with the last tower to be underway shortly, and that's one of the primary amendments we're making to the PUD to discuss today. And if you've driven by there, you will see that the golf course is under construction. The property is about 539, I think, or '32 acres. I get those numbers backwards. It's outlined in blue, and the golf course is -- let me see if I get this right. Here's where the golf course is located, and in this vicinity right here, you will find the towers as well as the recreational amenities associated with the development. You will also notice that over 80 percent of the project is in preserve. The request is to add 10 dwelling units to the existing 590 dwelling units to get to a total of 600 dwelling units within the project. This is less than one half of the density that is permitted under the Growth Management Plan. The Growth Management Plan would allow 3 dwelling units per acre, and we're asking for October 10, 2023 Page 83 1.3 dwelling units per acre. We're asking to increase the height of Building 5 from its 17 stories to 20 stories. It was 175 feet zoned when it was approved, and at that time the county didn't have an actual height in its ordinances, so there is no cap on the actual height of the proposed Building 5. We are modifying the PUD to include both a zoned height and an actual height as part of this amendment process. We're actually using an amended definition of "building height" that the county asked us to revise. We are adding an essential service or allowing essential services to be constructed within the golf course tract. Currently, we are not permitted to have any essential services there, and that is basically for the provision of a fire station that cannot be approved without amending the settlement agreement. We're also adding a commitment to construct an emergency access to provide emergency access to Tarpon Cove who, during the neighborhood information meeting, was concerned about they only had one way out, and that was on Wiggins Pass, and through this amendment process, we will be providing them a second way out of their community. We're modifying -- or modernizing, if you will, the PUD to include the typical trip cap as part of the project, and separate from the PUD, we are amending the settlement agreement to not only include the revisions to the PUD we're talking about today, but to also provide a 1.61-acre parcel to the county out of a little over 3-acre parcel that is currently zoned C-3 on that piece of property. The exhibits we've shown throughout have evolved. Initially we showed an exhibit with 100 standard parking spaces on that C-3 parcel, and we showed an area that was undeveloped. Our intention was to provide the site to the October 10, 2023 Page 84 property but retain an interest over that vacant area to do commercial development. So right now, should the agreement not be amended, the parcel's designated C-3, and several commercial uses can occur on that property without coming back to the Board of County Commissioners. We would simply do a Site Development Plan and a building permit, and we would move forward with the existing permitted uses on that property. I've had a conversation with one gentleman about what we intended to put on that property as part of the co-development, if you will, of the site. I had mentioned we would do something similar to or consider something similar to Food and Thought, which is a -- you know, could sit down and eat in Food and Thought, you could buy food at Food and Thought. You can get coffee at a Food and Thought. It's a -- it provided for, I would say, neighborhood-level food and services. We're not talking about anything major. That gentleman asked me if we would agree to -- I suggested that we -- you tell us what you don't want, and we could see if we can agree to not put those on the property. We got a list of some of the things they wanted and some restrictions to hours of operation, which we couldn't agree to, but we did commit that we would not put a gas station with pumps there, and we would not put a convenience store 7-Eleven type use there. We were okay with those commitments on the record today should this get approved and should we go forward with the development. The master plan currently has the following access points. One of the amendments is to add this access point here to get to a portion of the property and also to add the essential services use right here, basically on the frontage of U.S. 41, and that is October 10, 2023 Page 85 we've been working with the fire district for that parcel of property, and I'm sure that there's a representative here if you have questions regarding the benefit of this fire station to the overall community service, which I'm assuming would benefit everybody who lives in that area with a reduction or at least stabilizing some of their homeowners insurance rates because of better fire service in the area. As I previously mentioned, the project density is going to be 600 units. The Growth Management Plan would allow three units per acre, which is 1,215 units, and our 600 is less than half of the potential units. This exhibit shows a couple of things. It shows, first, where the fire station would go, it shows where the fifth tower is, and it also shows where the county's -- client's property is that would be codeveloped right here on the corner of Wiggins Pass and Vanderbilt Drive. This is a -- sorry. I've been corrected. It's C-2, not C-3, but the -- yeah, it's C-2. Thank you, Ellen. This is a closer-up view of where Tower 5 is, Tower 500, in relation to Arbor Trace, which is right here, and this is our proposed Building No. 5 right here. This shows you the orientation of Arbor Trace in relation to Proposed Building No. 5 and the different view corridors if you're looking out the windows on that particular building in Arbor Trace. I said this at the Planning Commission; we believe where we've located this, and based upon the exhibit I'm going to show you in a second, there's no impact to the views that people would see by going taller than what we're currently allowed to do because right now what you can see is we could go to 175 feet right now, which is this line right here. This is Arbor October 10, 2023 Page 86 Trace over here. We're already taller than Arbor Trace from a view perspective. So in our planner's professional opinion, adding the three stories that we're requesting is not incompatible with what already exists to our north in Arbor Trace. This is a conceptual rendering of how the fire district parcel can be developed. We obviously will be coordinating with the fire department and coordinating access with Tarpon Cove to allow for their access through the fire district parcel should, as has happened in the past, their front entrance get blocked. They will now have a second way out of their community. I've already taken you through this part of this site to show you where the fire station site would be and the interconnection that would occur with our community -- with the community to the south. I mentioned that we're adding the trip cap to the PUD. The 10 new units will add seven peak-hour trips to the overall project, and that is incorporated into the trip cap of 236 two-way peak-hour trips. From a GMP consistency and compatibility standpoint, the property is in the urban area. It's in the Urban Mixed-Use District. And the site is within the Coastal High Hazard Area; that's why we can't do the typical four units per acre. We have to reduce it to three units per acre, and I've already gone through that math for you in the past. We have shadow studies that we showed regarding what we're proposing, and there are no shadows cast onto the Arbor Trace property by our proposed project and increase in height. So from that standpoint, there's not a negative impact to our neighbors to the north. This is, again, a closer-up of the property. And I went too fast. The amendment to the settlement agreement allows for us October 10, 2023 Page 87 to donate to the county 1.61 acres. We're required to both design, permit, and construct a parking facility for the county. The design of that site -- you have a conceptual design attached to the settlement agreement, but there will be further discussions with county staff as to the actual layout and actual parking spaces that the county would like to see. The construction will be complete by May 1, 2026, and the county has incorporated into the PUD an offsite condition now that doesn't currently exist that we do this parking lot in adding it to the PUD, so that commitment will be in two locations, in the PUD as well as into the settlement agreement. I just want to highlight a couple of the uses that are allowed on that site that we've agreed to eliminate, and I mentioned the gas station's allowed; convenience stores are allowed. We've agreed to eliminate that. Restaurants are allowed; eating places are allowed, and we will not be giving up our right to have an eating place on this site. We will not agree there cannot be the sale of alcohol and some of the other conditions that the neighbors had requested. But we are, again, willing to work with the community for purposes of -- and the county for purposes of the plan. I just want you to note that there has always been an understanding that there would be development on this property by my client even with the county parking facility to be on that property. In fact, after the NIM, I had some conversations with Mr. Rodriguez about what that development would look like. Mr. Rodriguez tried to get us to give the county the entire site with no development on it, and we respectfully said we can't agree to that. We would like to be able to develop a portion of the property. We've met with Mr. Rodriguez, and the parking has October 10, 2023 Page 88 evolved, if you will. We had standard parking spaces. Now the preference is to have boat trailer parking spaces, and we will continue to have discussions with Mr. Rodriguez as to how the county would like to see us develop the property. Just a brief summary of where we are. We're increasing from 590 to 600 dwelling units, we're adding three stories to Building No. 5, we're adding an essential service on the golf course tract, and we're requesting an amendment to the settlement agreement to allow for all of these uses: The fire station, and the access to Tarpon Cove, as well as the donation of the county property. The Planning Commission recommended approval, 6-1, and staff is recommending approval of our proposed changes. Ellen is here if you want further testimony regarding consistency with the Growth Management Plan and consistency with the LDC, and your staff has already made those determinations that we are consistent with both the Growth Management Plan and the PUD. And that's an overview of why we're here. We are here directly as what the settlement agreement says. The parties can amend it. We're asking you to amend it. We think there's benefits to the community as well as the developer in amending this. And with that, that's our overview of our project, and we're available to answer any questions you may have of me or anybody on our team. CHAIRMAN LoCASTRO: Okay. Obviously, this is in District 2, so it's appropriate that we start with Commissioner Hall, sir. You have the floor. COMMISSIONER HALL: Thank you, Chair. So, Rich, we talked. We met on Friday, and we reviewed all of this. And I asked you a question that -- what would it October 10, 2023 Page 89 take to get all three acres given to the county instead of just half of it? Have you thought about that? MR. YOVANOVICH: Yeah, just a little bit. My client and I spent a lot of time after we met, and we actually engaged the services of what we think -- the appropriate professional. So what we are proposing to you will not detrimentally affect the property owners to the north. What my client -- he has a couple concerns. One, the new -- he's not sure what FEMA's going to do to him regarding building height and, two, ceiling -- floor-to-ceiling heights within the building are also something to be more consistent with the products that are out there today and the competition that's out there today. My client is not asking for any more density. My client is simply asking that he would be able to do 10-foot ceilings versus 9-foot ceilings, and that correlates to an additional 20 feet in height. So my client would give up all development rights on the county piece and his piece if we could keep the 20 stories, but instead -- so we would add 20 feet to the zoned height and 20 feet to the actual height. And I have an exhibit. We did a shade analysis because we thought that people would be concerned about what does that 20 feet do to our neighbors. And if Ellen could help me pull it up, I won't use my iPad, because I don't want to make it part of the record. We did -- I'm sorry. We looked at -- you could see in the red is the increase of 20 feet in height, and the red is the increase in the shadows at the winter solstice. This is the 12:30 -- these are the worst-case scenarios, worst shadows that will be created throughout this proposed development, and you will see that the increase in height and the increase in shadows doesn't block October 10, 2023 Page 90 anybody's -- or doesn't take over anybody's buildings on the property to the north. Do I just go -- how do I get to the next one at 4:30? Oh, thank you. And then we did it at 4:30 in the afternoon, also worst-case scenario for the creation of shadows. And you will see that the additional red shadows does not cast a shadow on any of the buildings to the north. So our request is, should the county want the entirety of the property, that we get those additional 20 feet, and that allows for greater ceiling height within the buildings or within the units as they exist today, and it's not a request for any more units than currently is being requested but, yes, that height would be requested in exchange for giving up all the development rights on the property. COMMISSIONER HALL: So you're asking for the 10 units -- MR. YOVANOVICH: Same ten units. COMMISSIONER HALL: -- extra stories, plus an additional 20 feet. MR. YOVANOVICH: Correct. COMMISSIONER HALL: You give us essential services zoning for the fire station, you put a back door for Tarpon Cove for their emergency entrance and exit, and you give us all three acres and forego development on that property? MR. YOVANOVICH: That is correct. COMMISSIONER HALL: All right. And then I have one more question. You know, the -- in multiple conversations with the people of District 2 in that area, the settlement -- the settlement has been an issue. Like, it was promised we wouldn't open this settlement up again, but the value of looking October 10, 2023 Page 91 at reopening this settlement is for us to gain the fire station and the -- and the -- and the three acres. So it's not like the petitioner is asking for something else to open it up to come back and ask for 60 more units or whatever. He's just asking for the fifth building to be equal to the other four, the same density as the other four, with the exception now of 20 feet extra because of what -- what'd you say about FEMA? MR. YOVANOVICH: Well, FEMA keeps changing as far as the height goes, and to be consistent with the new marketplace, most of the buildings in this category have 10-foot ceilings. So we would like to be -- instead of 9-foot ceilings, we would like to have 10-foot ceilings. COMMISSIONER HALL: Okay. Now, the question would be, what's going to keep you from coming back in the future for another settlement amendment? MR. YOVANOVICH: Well, as we -- when we mentioned that, there's no land left, so there's nothing else to develop. The golf course takes up all that space. You're a golfer. You know how the golf industry has taken off. So that's a very valuable asset, so that's not going anywhere, and so there's no more land left on the west side of the road. COMMISSIONER HALL: All right. So we have the three issues, really, of whether we're going to open the settlement and agree to that. That's obvious, a benefit to the county; then there's the ask for the height and the density; and then the give of the fire station and the access and now the three -- all three acres. MR. YOVANOVICH: Correct. COMMISSIONER HALL: And I think that that's a decent deal. October 10, 2023 Page 92 MR. YOVANOVICH: That's it. That's all we're asking. COMMISSIONER HALL: I think that's -- I think that's a good deal. CHAIRMAN LoCASTRO: Wait, wait, wait. COMMISSIONER HALL: We'll hear -- we'll hear public comment, but I think that's a fair ask. It gives -- it's a win-win other than -- other than the density. And the 10 units, in my opinion, aren't bothering a thing. They're adding tax value to the county. They're not bothering traffic, you know. CHAIRMAN LoCASTRO: Wait, wait. Let Commissioner Hall -- everyone's going to get -- COMMISSIONER HALL: Time out. Everybody's going to get -- we've got 46 people we're going to get to hear. CHAIRMAN LoCASTRO: Sir, you've got the floor. You've got the floor. COMMISSIONER HALL: I'm just rehashing, making sure that I'm very clear and my colleagues are very clear of what the deal is. And you said there's no more land to come back in the future to ask for any more amendments. MR. YOVANOVICH: On the west side, it's fully spoken for. On the east side -- CHAIRMAN LoCASTRO: Citizens, please, please. You're going to get your turn at the podium. Let the commissioner speak with the applicant, please. MR. YOVANOVICH: The east side -- the east side is a golf course with a very expensive clubhouse that's going to be built; many, many millions of dollars. Can I say never the golf course will ever come forward? I know better than to ever say that ever again. But if I were a betting person, I would think that it would be one heck of an ask knowing that they tried it one other time to put residential on the golf course. I can't imagine October 10, 2023 Page 93 they would come back and try to do that again. But what do I know? Dick Corace and I will probably be long gone before that potential possibility could occur. COMMISSIONER HALL: A green space is valuable, so... MR. YOVANOVICH: Yes. COMMISSIONER HALL: What the public probably doesn't know is there's some other things that the applicant has done for the county, and I would like for them -- I'd like for that to be public knowledge, if you could explain those things. MR. YOVANOVICH: Sure. You know, we -- when the county has needed this property for hurricane cleanup, my client has always been there and provided that site. Most recently, last year when the county, after the hurricane, needed a place to take stuff to from the hurricane, my client provided that probably almost instantly with the ask. I mean, it was within -- it was quick. And I said, sure, you can have the site. They've done that multiple times. So my client has been ready, willing, and able to help the community with hurricane cleanup on multiple occasions. Hasn't ever advertised that. Hasn't said, hey, look at us; we're such great citizens. We've just done it because we were asked to, and it's because it was the right thing to do. So that's, I would say, the primary community giveback that the county's done. And as you know, in the original settlement agreement, there were a lot of payments made to help with community infrastructure related to that settlement agreement. But since the settlement agreement was entered into, there have been multiple asks by the county to help with cleanup in emergencies, and we've done it. COMMISSIONER HALL: Was one of those that three October 10, 2023 Page 94 million toward the bridge there on Vanderbilt? MR. YOVANOVICH: Yes, sir. Yes, sir. COMMISSIONER HALL: So if we don't approve this, you keep the three acres; you can do whatever you want to do with it with no promises or anything? MR. YOVANOVICH: Well, other than a promise that it will get developed some day. COMMISSIONER HALL: Okay. Thank you. CHAIRMAN LoCASTRO: Okay. I'm going to go to Commissioner McDaniel, and then let's start with public comment after that. Sir. COMMISSIONER McDANIEL: And I think maybe my first question is for staff, and it has to do with the newly established trip counts. We talk about these peak-hour trip counts all the time. Who enforces that, and what are the ramifications in the event that it's triggered? MR. BOSI: Mike Bosi, Planning and Zoning director. And I may have to bring up Trinity to talk about enforcements on the trip caps. But from an infrastructure standpoint, the additional 10 units are not expected to create any unreasonable burden on the existing infrastructure. In terms of actual monitoring the additional caps on the trips associated with it, I think the process that Transportation has established -- I'll turn to Trinity to give a better explanation, because that's outside of my -- COMMISSIONER McDANIEL: You've been doing really well muddling along till she got there. MR. BOSI: Yes. MS. SCOTT: Good morning. For the record, Trinity Scott, department head for Transportation Management October 10, 2023 Page 95 Services. I should have maybe bumbled along a little bit and let him go. So when an applicant comes forward for a Site Development Plan or a Plats and Plan, they will provide us with a Traffic Impact Statement that -- and those trips are calculated based on the Institute of Transportation Engineering. They're manuals. So for each type of unit, there are a certain number that are assigned. We keep a running tally of that. Typically, every year, year and a half, those calculations are updated. So if you have a single-family house today, the calculation may be it's eight trips per day. If you go two years from now, it may increase to 10 based on different studies. So what it could mean is that when someone is getting towards the end of their development, if those trip calculations have increased over the years, they may not be able to realize the full units that they've been approved for. They may have to cut a unit or two to be under that trip cap. So it is -- we look at it when they come in for the Site Development Plan, but we don't go out and do actual traffic counts after the fact. COMMISSIONER McDANIEL: Okay. Are the -- and I doubt that there -- the calculations actually carry the potential for the use change that was, I think, just, I heard, agreed for the reduction in intensity for the commercial uses that are not going to be there. If the entire three acres is bequeathed, that would actually reduce the trip counts. MS. SCOTT: Correct. COMMISSIONER McDANIEL: Correct. Okay. And then my other question is -- and I don't know if it's the applicant or you. There was a representation of completion of construction by X of '26. October 10, 2023 Page 96 MR. YOVANOVICH: If we only gave you a portion of the property and we designed, permitted, and constructed, we had to finish construction of the parking facilities by, I think it was -- I'd have to go back to that slide. I think it was May 1st of '26. COMMISSIONER McDANIEL: Okay. That completion of the construction had to do with the bequeathed property and the parking spaces that were going to be provided for boat access? MR. YOVANOVICH: Right, and with our co-developing, yes. COMMISSIONER McDANIEL: Okay. Not the construction of the Tower 5? MR. YOVANOVICH: No. I don't know -- COMMISSIONER McDANIEL: There's no limitations on it? MR. YOVANOVICH: No set date on that. COMMISSIONER McDANIEL: I just wanted clarification of that. Thank you. MR. YOVANOVICH: If I can, since I had a break, Commissioner Hall, I left a few things off that the developer's done. Coordinated with the fire district for -- during these hurricane events to provide meals and other things like that, but also utilized their own equipment to help coordinate with debris cleanup with communities in the area, and I think, critically important, my client has spent $4 million on a regional drainage facility to not only address its project, but drainage in the area. So that's significant public improvements that my client has done in assisting the community above and beyond what was needed for its project. CHAIRMAN LoCASTRO: Go ahead, sir. October 10, 2023 Page 97 COMMISSIONER HALL: I just want to clear up for the public, because some of the emails that I'm getting, there are still some misconceptions of what the applicant's rights are with the C-2 zoning with the three acres that he has. He can do anything that's listed for C-2 that he wants. He does not have to go ask for public input. He does not have to get permission from them or not get -- or get buy-in or whatever. He can merely just start an SDP and go through the -- go through the building process and do what he wants. I want to make that clear, because this three acres is a separate part. It's completely separate from the PUD and the settlement agreement that he's asking. He's offering that as a gift to the county totally separate. And for us to try to hammer him or expect him to come to the public to do what he already has the rights to do -- I'm saying that because we can talk them out of this. And from where I come from, I've -- you know, I've learned that you never knock a gift horse in the mouth. So we can turn him down on his densities and his height. Then he retains the whole three acres to do what he wants to and doesn't have to ask a bit of permission. I just want to make that perfectly clear. MR. YOVANOVICH: And we don't do the fire station, and we don't do the emergency access. COMMISSIONER HALL: Right. We get nothing. CHAIRMAN LoCASTRO: Okay. Let's go to public comment, if that's okay. I don't have anyone else lit up. Mr. Miller, why don't you -- if I can -- one of the things I would just tell citizens, so you have three minutes at the podium. Some of you have been here many times before. It's really advantageous if you say somebody that's really representing your group, and as -- you know, maybe a comfortable speaker at October 10, 2023 Page 98 the podium, you can yield your time to another person. And I'll just say, generically, one person speaking at the podium that has 15 minutes, time yielded from other people, can be more effective to put together your view than three people just that just rapid fire, we agree, we disagree, we agree to disagree. But it's totally you. This building was built for the people. So nobody's going to cut you off. You get a little over three minutes, you know, we want to keep things going. And, lastly, I'll just say, if the five speakers before you said exactly what you would say, you still have the option to come to the podium but, in fairness, to try to, you know, move things along, you know, we appreciate when someone says, everything's already been said that I wanted to say. But nobody's trying to talk you into that. I just wanted to make some generic statements on how the process works here. Having said that, Mr. Miller, if we would go with public speakers. And if you queue up at both podiums, but then at some point he's going to transition to some people online so that we know they're paying attention and we're not forgetting about them and we get a good mixture of feedback. So, sir. MR. MILLER: All right. Mr. Chairman, your first speaker is Perry DeSiato. He'll be followed by Ron Rogers. Mr. DeSiato has been ceded additional time from David Heebner. Could you raise your hand when I call your name. (Raises hand.) MR. MILLER: Thank you. Michael T. Gilbert. (Raises hand.) MR. MILLER: Or, I'm sorry. It is Michelle. My apologies, Michelle. October 10, 2023 Page 99 And Deborah Fox. (Raises hand.) MR. MILLER: Mr. DeSiato will have a total of 12 minutes, and Mr. Rogers, you'll be over at the other podium. UNIDENTIFIED SPEAKER: I'm going to yield to Perry. MR. MILLER: Oh, you're going to yield your time to Perry, so that will give him a total of 15 minutes. UNIDENTIFIED SPEAKER: We have another. MR. MILLER: Okay. Well, I did not see them marked that way on your slips. CHAIRMAN LoCASTRO: Sir, what is your name? MR. MILLER: Who else said they wanted to donate time? UNIDENTIFIED SPEAKER: Here. Sisk, Martha Sisk. MR. MILLER: Okay. Let me -- UNIDENTIFIED SPEAKER: When you came in the door. MR. MILLER: How about spelling your last name, sir. MR. SISK: S-i-s-k. MR. MILLER: Oh, here you are. Anyone else ceding time? That's the only one I've found marked. So, Mr. DeSiato, you'll have a total of 8 minutes -- 18 minutes, excuse me, and will be followed by David Goldstein. COMMISSIONER McDANIEL: There's a lady with her hand up, Troy. CHAIRMAN LoCASTRO: Ma'am. MS. LeBEAU: I'll cede my time, Teri LeBeau, to Paula Kutlick. MR. MILLER: Okay. Can you please come over to the table and see me. It's kind of hard to do this on the fly. CHAIRMAN LoCASTRO: Okay. Right now we're just looking for people that want to cede time to this gentleman. October 10, 2023 Page 100 And, sir, it sounds like you have 18 minutes to speak, so why don't we -- why don't we proceed. MR. DeSIATO: Well, thank you, Commissioners. My name's Perry DeSiato. I'm president of the Tarpon Cove committee, and we're a part of the coalition of the communities along the Wiggins Pass corridor which consist of Wiggins Lakes Preserves, Cove Towers, Wiggins Bay, Pelican Isle, Aqua, and the Wiggins Dock Association. That's over a thousand people that have been concerned and been very involved in all this going on for years and years and years, and every time we think we have a deal, we find out we don't have a deal. So it's very concerning to us with Items 9A and 12A, and we want to address them in tandem. I want to start off with your consideration to the settlement agreement itself on the Cocohatchee Bay PUD. Since we've been in eight years, we thought that we finally got this done. So my first question is, when is a deal a deal? When is it really a deal? It seems like every time we think it's a deal, it changes again. This is very frustrating. This is the third time that I can recall that Lodge/Abbott has looked to change the settlement agreement. So my question is, why do we need to change the agreement? Why? Why is it necessary to change it? Let me start with two quotes from an email from the organization by Commissioner Hall to our organization. The first quote: The developer is being generous to the people of the county by offering us parking and limiting his development options. Secondly, in response to a question about, well, what happened to parking only on Tract 10 that the developer committed to during our NIM meeting, what happened to that? And Mr. -- or Commissioner Hall's response, quote, October 10, 2023 Page 101 unquote, it's still in effect on Parcel A. Parcel B was always intended to be developed. Really? It was never mentioned in the NIM meeting. We have it in writing from the developer. We have drawings that the developer gave us. It was never brought at the two parcels. It was never an A and a B. It was just -- and you say it, and I quote it: Adding 10 units to increase our total to -- 590 to 600 units. We'll give you the essential service; that's the fire place lot; and we will allow a donation to the county of the three plus/minus acres parcel for 100 parking spaces. That was it. There was no A. There was no B. We're going to donate the whole thing to the county. They gave us pretty drawings, and it showed us the same thing in their drawing. It's 100 spaces for the boat parking. Zero anything else on it. Never mentioned. So when I look at that, I say to myself, what was so generous about that? We're simply trying to make a deal to increase the density. And why? Because we all know that the real estate market has gotten much hotter, so the builder now wants to take advantage of that market space. It was never disclosed about the 42 spaces and building a strip center in that commercial piece, and we only found out about it by accident two weeks ago that this was going to happen. So the developer's statement that -- and his drawings show that Tract 10 was always supposed to be for the parking lot, and give us a slice of the firehouse land and -- for our -- and in tradeoff, give us 10 more units. Now, I feel that either the developer was deceiving us at the NIM meeting or decided to renege on his proposal. It was one of the two items, because he put it in writing. He gave us the drawings. He's the one that told us what he wanted to get done. Now it's all changed. October 10, 2023 Page 102 So was the NIM meeting truthful or deceitful, or was the developer [sic] being reneged? At the very least, I'm asking that there's a continuance of 60 days on this hearing to formulate a new NIM meeting so the developer can come back and give us a truthful story on what he wants to do on this residence [sic] and not our -- not to consider their request for their changes. If you really want them to have their units, if you think it's that important to you, then let's get a continuance again and go back to the deal we've accepted before. And I have to admit, now that I just heard -- Commissioner, I was going to trash all over you, but I've got to give you kudos, bud. You came back on the end here. If the developer, in fact, is going to drop it totally, then my question is, is the county going to own this land? Is the developer still going to own this land? If the county's going to own this land, what are you going to do with it? Are you going to do something to it later? Are you going to put a parking lot in for the boat overflow? Are you going to be able to do something commercial on it? Because it didn't change the zoning. So I have that question, you know, what's going to happen if you do take it over, in regards to that. Lastly, if you just say no to the extra 10 units simply because -- and I was a builder for 30 years. When I went in for a zoning change or an amendment to a zoning change, it's because I had to prove hardship. I wanted -- there was a hardship problem that came up during my development, and now I'm here to get an amendment change because of this hardship. What hardship is it for the present plan that now we have that you want to increase the building from 17 to 20 stories? The hardship is strictly this, for the builder, those 10 extra units will yield 90 to $100 million in sales, and that's what October 10, 2023 Page 103 this is all really about. It's to pick up the sales money; nothing else. That's all they want. We all know it. So if that's what they want, give us what we want. When is a deal not a deal if you don't give us what we want? CHAIRMAN LoCASTRO: Sir? Sir? You're speaking to us. MR. DeSIATO: Okay. But these are my goombahs in here, and these are who I talk to. CHAIRMAN LoCASTRO: They're my goombahs, too. So we're both Italian, and they're all our goombahs, but you're here to speak to the commissioners. MR. DeSIATO: All right. CHAIRMAN LoCASTRO: No, continue, sir. MR. DeSIATO: Okay. Sorry about that. I get a little excited. In any event, if, in fact, the Commission can add to -- if the developer's willing to give it up for -- so he could put a 10-foot ceiling in his units instead of 9, I, quite frankly -- I don't think that's so bad of a deal, but I've got to have a little confidence in, what are you going to do with the three acres that you have now? Is it going to sit the way it is? What's your intentions? Because we learned there was going to be a strip center. So, okay, if that's off the table today, what's on the table tomorrow for the piece? I think that needs to be clarified, and I thank you. CHAIRMAN LoCASTRO: Sir, grazie, grazie. MR. MILLER: Your next speaker is David Goldstein, and he will be followed by Teri LeBean [sic]. MS. LeBEAU: LeBeau. MR. MILLER: Oh, that's a U. I'm sorry. MR. GOLDSTEIN: Before you start the clock on my three minutes, I do have a question for counsel, and that is October 10, 2023 Page 104 whether receipt of a donation from counsel for the developer or the developer should have required disclosure on the ex parte issues. COMMISSIONER McDANIEL: Not in a meeting. MR. KLATZKOW: You just heard them in public talk about it. There's nothing secret about it, which is the purpose -- which is the purpose -- the purpose of ex parte is so that there are no secret discussions. That's the purpose. You've just heard a public discussion of it, so it's -- your question's irrelevant. MR. GOLDSTEIN: There was no public discussion of contributions to the campaigns -- to the candidates. That's what I'm concerned about for the ex parte discussion. MR. KLATZKOW: I have no idea what you're talking about, sir. COMMISSIONER HALL: Just for the record, I received zero from the applicant. MR. GOLDSTEIN: Okay. CHAIRMAN LoCASTRO: Sir, continue. The floor is yours. MR. GOLDSTEIN: My name is David Goldstein. I'm president of Tower Trace, one of the entities which, together with our two condo associations and our management service company, comprise Arbor Trace. I'm speaking on behalf of all these entities. I'm going to repeat a couple of the questions that were raised earlier. One is, why are we here today? And two is, when, if ever, is a settlement agreement final? In 2006, the last time Lodge/Abbott sought and obtained an amendment, Rich Yovanovich said on the record, it is our commitment to limit density to 590, and we will not come in and October 10, 2023 Page 105 ask for an amendment to increase that density. That is, in fact, a commitment, which is why I again ask, why are we here today? One of the major issues in the prior proceedings which extended over several years was the height of the towers in general and the fifth tower in particular. It is clear from the record that the reason for limiting the height of the fifth tower to 17 stories was to try to better [sic] architectural look, vis a vis, the Arbor Point high-rise. And now I found out today for the first time that not only are they looking to go to 20 stories but to also increase the height to add another 20 feet. At that point it towers over the other pieces of Kalea Bay as well as Arbor Trace. This makes no sense at all. Furthermore, why should the developer gain additional rights when it has not met its obligation in the original PUD to build a perimeter berm? The lack of a berm exacerbated the damage suffered by Arbor Trace during Hurricane Ian by facilitating water flow from Kalea Bay into Arbor Trace. Seventeen years ago Lodge/Abbott made a commitment to limit the number of units, and there's no reason to allow changes at this time. Furthermore, there is nothing here that, if the agreement is amended, eliminates the right for further amendments in the future. For all of these reasons, we ask the Commission to deny the proposed amendment, at least with respect to the approved number of units and stories in Kalea Bay. Please note that there is nothing that would prevent Arbor Trace from coming back. If you feel you must vote -- you have to at least vote to eliminate the right to amend the agreement, which is why I ask if a settlement agreement is ever final. October 10, 2023 Page 106 This thing should not have been reopened after 17 years, and there's nothing that precludes the possibility of it being reopened again in the future. Thank you. Please do not modify the agreement. MR. MILLER: Teri LeBeau wanted to cede her time to Paula Kutlick, who will be our next speaker. She will have six minutes. She will be followed on Zoom by Ann Roccio and then Barbara Kelly. MR. KUTLICK: Sir, I'd like to cede my time also to Paula. MR. MILLER: What is your name, sir? MR. KUTLICK: David Kutlick, and I think there's other -- MR. MILLER: Yes, okay. It will be nine minutes, ma'am. MS. KUTLICK: Okay. I don't think I'll need nine minutes. Thank you. My name is Paula Kutlick. I live at Aqua. I am part of the concerned citizens and community of Wiggins Pass. We have a real conundrum here. We have a possible deal, and I think their past history leaves us all suspect of this deal. So I think the first question we have to get out of the way is, what does the county plan on doing with this three -- three acres? What do you think -- and I know this might be a surprise to you. What would be your gut reaction? What do you think you're going to do? Do you think you're going to put up a parking deck? Are we trading one devil for another? CHAIRMAN LoCASTRO: No, we're just hearing from you, ma'am. It's not a Q&A. We'll hear that -- MS. KUTLICK: Well, I understand that, but that's one of our concerns. You know, we don't want -- we have a October 10, 2023 Page 107 residential community. Yes, this is zoned commercial, but it's been zoned commercial since 1982. We have a very luxurious neighborhood here, and it's been a very nice luxurious neighborhood for years now. So that is a very big issue for all of us here. To put anything commercial in that place now or even a parking deck would ruin a gorgeous neighborhood. So that's for future -- obviously, future problems. But, obviously, we're all concerned with them sticking to a deal. And I'm speaking out of turn maybe, but what if a -- this is a proposal: Rather than grant them their request at this point in time, why don't we have them have a deal whereby you agree to grant them their request to the increased height in exchange for them transferring this property to the county and do it at the same time rather than, okay, we'll give you the land, but it's going to be you give them this first, and then maybe they'll give you the land, because that seems to be the past track record. I don't think anybody wants to be back here facing the same situation, which seems to have happened before. I think we're all concerned with that happening. It's a suggestion. And I think that we've got to -- we've got to have some faith here, because we don't have it from them. We've had bad faith, in our opinion, and I think it's about time we have some -- some something in writing from them. Thank you. CHAIRMAN LoCASTRO: Thank you, ma'am. MR. MILLER: Your next speaker will be on Zoom, Ann Roccio, and she will be followed on Zoom by Barbara Kelly, and then Bill Lambert. Ann, you're being prompted to unmute your microphone, if you'll do so at this time. Ann Roccio, Rauccio? October 10, 2023 Page 108 (No response.) MR. MILLER: All right. Stick with me, Zoom people. Let's move on. Let's try Barbara Kelly. Barbara, we should be -- you should be receiving a prompt to unmute yourself, if you'll do so at this time. I see you there, Barbara. MS. KELLY: Hello. Can you hear me? MR. MILLER: Yes. You have three minutes, ma'am. MS. KELLY: Okay, thank you. I just wanted to say that in the past Lodge/Abbott was allowed to increase the height of all the buildings except for Building 5. And, without notice, they had also increased the footprint of all the buildings by turning them on an angle instead of being in a straight line and, because of this, the buildings are closer together than was allowed on the original plan, and this afforded them the ability to increase the number of bedrooms on the original plan -- they were not on the original plan, and this afforded them the ability to increase the -- how close they were to each other as well. So they aren't as far apart as they were supposed to be in the first place. And they also did try to change the proposed golf course into family housing, which we really opposed, and was voted down. So what's to stop them from trying to come back again and do that again? The big concern is that they will not hold to this deal and will keep coming back to try and change it. Thank you. MR. MILLER: Your next speaker on Zoom is going to be Bill Lambert, and he will be followed by Karen -- I'm going to guess at this pronunciation -- Wohn. Mr. Lambert, you're being prompted to unmute your mic. I see you've done that. You have three minutes, sir. October 10, 2023 Page 109 MR. LAMBERT: Okay, thank you very much. I'm a resident and the president of the homeowners association from Falling Waters North, which is just north of where -- the fire station off the golf course property, and many of our homeowners have communicated with me and myself. We are concerned about the noise related to a fire station being there in a residential area. We have Tarpon Cove on the south side of them, and up on the north is all residential communities, and a fire station brings noise. At least my experience with a fire station is a lot of times the doors are open, they have loud bells that ring when somebody's phone rings, and, of course, when the fire alarms go off, when they have calls, those types of things. And it's -- you know, we bought these -- our condos, our properties, 20 years ago. This was zoned residential. There was no -- no change, you know, noted. Then it was -- then the residentials were removed with previous agreements to build into Kalea Bay, and they made it to golf course property. So -- and now the golf course is being built, and now we want to put a fire station up there. It is just -- it's going to be noise and it's -- you know, it's a change that -- when we bought our condos, there was no notice that, you know, this could be a -- you know, we could build a shopping center or we could build a, you know, whatever here. This was a residential area. So we have concerns over that. And it's my understanding that less than a mile away, the county, or the fire district, whatever, owns the property on Old 41 that was slated for a golf course -- or for a fire station. So why -- you know, if the builder wants to donate a fire station, why don't we have it built over there? Just -- that's our concerns. October 10, 2023 Page 110 Thank you for the time. MR. MILLER: Your next speaker is going to be Karen Wohn, W-o-h-n. Karen, I hope I'm spelling [sic] that correctly. You should be getting prompted to unmute yourself, if you'll do that at this time. I see you have. Karen, you have three minutes. And, Karen -- I'm sorry. One minute, Karen. Karen will be followed here in the room by Daniel Cyr. Go ahead, Karen. MS. WOHN: Sure. So I'm a resident of Pelican Isle, neighboring Pelican Isle, and so I have two requests for the Commission to consider with regard to Parcels A and B designated at this point as a parking lot. And, really, my first concern is there's a tree buffer and the landscape buffer that's shown on the proposed drawings, and I ask that however this property ends up going, if it's county property or if it goes over for development, that this be built out quickly. We talked about a May 2026 completion. That's two and a half years looking at the property as it is now. I suspect there'll be construction vehicles on there during what's happening at the golf course. But, regardless, I really would like us to put some attention on the streetscape on the Vanderbilt Drive side especially, which we all view from Pelican Isle and anyone driving down the street. My second comment is if Parcel B does become a restaurant, there is an outdoor dining component that's shown on the drawings, which is probably a huge concern to a lot of people that are very close to that. But I do ask, if that's approved, for whatever reason, that the use of that be limited to dawn and dusk, which is when the public launch would be used, so we have no nighttime component in that area. We have a October 10, 2023 Page 111 very low noise level currently in the neighborhood, and I would like to make sure that we continue to keep that in the future. Thank you. MR. MILLER: Next speaker here in the room is Daniel Cyr. He'll be followed by James Fil. MR. CYR: Good morning, Council. My name is Daniel Cyr, a resident of Wiggins Pass, and I did what you asked. I cut it in half because of earlier comments. So I will leave you with this: My concern is 1.3 acres, she just talked about, becoming rezoned to commercial, allowing for a restaurant or a store, and I had heard a gas station, but I guess that's moot at this point, at the Vanderbilt/Wiggins Pass southeast corner, when there's -- a mile away is 41, maybe less than a mile with restaurants, a gas station, stores that are still unoccupied. So please protect us from the rich that appear to challenge our system, laws, and our rules. Developers should not be able to lead government, and it sounds like you don't allow that either. I'm confident you're against it. Thank you. MR. MILLER: Your next speaker is James Fil. He'll be followed by Mark Loewe. MR. FIL: Thank you for the time. My name is James Fil. I'm a resident of Falling Waters North Preserve. We are on the north side of the access road from the fire station with our neighbor being Tarpon Cove. Between us was a natural preserve, drainage basin, floodplain, call it what you will, and now, right in the middle of that is an elevated road. Now, my -- most concerning are the acres and acres of increased elevation of the golf course. When Ian came through, most, if not -- well, most of that October 10, 2023 Page 112 golf course was probably under water at the time. Now, visually, it's three feet higher. I have questions for the Board, developer, probably SFWMD. What was the previous mean elevation of that golf course parcel, and what will be the final elevation of that parcel? It's obviously much higher than it was. How many cubic yards of fill dirt were brought in by those hundreds of dump trucks? I'm sure engineers requested a specific amount or accountants could verify this amount with their invoices. An interesting math calculation would be the total number of fill dirt yards equals how many gallons of displaced water. I'm sorry if I'm bothering you on your phone. COMMISSIONER HALL: No, you're not bothering me. MR. FIL: I did see that the large storm drain pipes were put in under Wiggins Pass Road where it intersects with Vanderbilt. Those will work fine for rain events at low tide. All of that was under water during Ian. That's not the cure-all. My concern -- in summation, my concern is our complex and surrounding communities that have not increased our elevations will become the floodplain. Thank you for your time. MR. MILLER: Your next speaker is Mark Loewe. He will be followed on Zoom by Charles Wolfe and then Dale Myer. MR. LOEWE: All right. My name is Mark Loewe. I am the property manager for Arbor Trace. I, too, have some drainage or flooding concerns, so I ask that the county commissioners do not amid -- I mean, change the PUD or open the settlement agreement. During Hurricane Ian, Arbor Trace did have flooding -- significant flooding coming from our neighbors, October 10, 2023 Page 113 Kalea Bay. Since then, we have realized why. First of all, they filled in a retention pond and made it a construction parking lot. Thankfully, the South Florida Water Management District has come out and have asked them to change that, but it's too late. We lost 50 cars. We lost our community bus. We would have had more support here, but we don't have a community bus. Most of our residents are senior citizens; average age about 85 years old. So besides losing over 50 vehicles and seeing damage to our property, they still have not built the perimeter berm that has been discussed earlier by some other public speakers. This perimeter berm is part the original PUD. This perimeter berm would have prevented probably a lot of the flooding or damage that we -- that our community suffered. Why change the PUD until they live up to the obligations of that PUD? One other thing, the deal that Commissioner Hall made with the developer really is no deal for Arbor Trace, and I don't think it's a deal for the other communities either. First of all, Arbor Trace gets nothing out of this deal. And then, as mentioned, Falling Waters doesn't want the fire station there, so that's not a deal. And the commercial parking, that's not a deal either, because we don't know what the county's going to do. Plus, just from my understanding, is the fire station and a parking lot for a boat that was already part of a deal. So what deal is the community getting? So if the commissioners are thinking about maybe changing the PUD or opening a settlement agreement for this deal, I'd ask you that you re-think, because it's not a deal. MR. MILLER: Your next speaker on Zoom will be Charles Wolf, and he will be followed also on Zoom by Dale Myer. October 10, 2023 Page 114 Mr. Wolfe, you're being prompted to unmute yourself, if you'll do so at this time. Charles Wolfe. Mr. Wolfe, you should be getting prompted to unmute yourself. (No response.) MR. MILLER: All right. We'll try them later. Let's try Dale Myer. Mr. Dale Myer, you're being prompted to unmute your microphone, if you'll do that at this time. I see you've unmuted. MR. MYER: I believe I'm unmuted now. MR. MILLER: Yes, sir. You have three minutes. MR. MYER: Thank you -- thank you, Commissioners, for your time. I just wanted to say that the proposal that Commissioner Hall is looking at for the three acres on the corner of Wiggins Pass Road and Vanderbilt seems like a very good compromise for that situation on that, and I really appreciate his efforts on behalf of all the residents in that area. But I do have concerns that have been voiced before about what's the actual use of that three acres on that corner. And if it's all for boat parking or recreational to support the recreational people on the weekends that want their boats, I'm all for it, and it limits the diminishment of the quiet enjoyment of all the residents around that area. So thank you very much, Commissioner Hall, and I hope you can make that deal work. That is all. MR. MILLER: Okay. Thank you. We're going to now go to David Cort on Zoom, and hopefully we'll follow David up with David Sibits. Mr. Cort, I see you've unmuted -- well, I thought you had unmuted yourself. Where did Mr. Cort go? I think Mr. Cort might have accidently hung up. No, there he is. Mr. Cort. October 10, 2023 Page 115 Let's try him again. MR. CORT: Yes. MR. MILLER: There you go. Thank you, sir. You have three minutes. MR. CORT: Commissioners, my name is David Cort. I live at Cove Towers Preserves in North Naples, and I'm a spokesperson for concerned citizens and communities of Wiggins Bay, which, as you may know, is a group representing well over 1,000 residents and dock owners immediately adjacent to the proposed Tract 10 development. Hopefully, you've had a chance to read the article in today's Naples Daily News that provides background information on our viewpoint. We were originally planning on opposing the PUD amendment and also revised amendment to the settlement agreement because of our concerns about the commercial development. We are now -- in light of Mr. Yovanovich's proposal to donate the entire three acres to Collier County, we are withdrawing our opposition to the PUD amendment and the settlement agreement changes with the proviso that the settlement agreement specifically includes three -- the entire three acres being donated to Collier County. I think I echo the concerns about the -- from the other speakers about what exactly will be done with the three acres. I might even, since the two-hour discussion earlier this morning about Conservation Collier, suggest that the -- this is environmentally sensitive land, and it's within a couple hundred feet of the existing Cocohatchee Bay preserve and that it be added to the preserve. And in any event, I wanted to thank Commissioner Hall for all of his hard work and engagement on this issue with our group as well as with the developer, and we see this as a win-win, and October 10, 2023 Page 116 we would support the proposals that were discussed today, including complete donation of the three acres of Tract 10 to Collier County. Thank you. MR. MILLER: Your next speaker on Zoom is David Sibits. He will be followed here in the room by Judi Palay. Mr. Sibits, you're being prompted to unmute yourself, if you'll do that at this time. I see you've unmuted. You have three minutes, sir. MR. SIBITS: I waive my three minutes. Thank you. MR. MILLER: All right. We're going to go to Judi Palay here. Judy, did Hermione want to cede time to you? MS. PALAY: Yes. MR. MILLER: Okay. So she will have -- Hermione, can you raise your hand for me? (Raises hand.) MR. MILLER: Oh, thank you. She will have six minutes, and she will be followed by Howard London. MR. LONDON: Waive my time. MR. MILLER: Just waive your time? MR. LONDON: Yes. MR. MILLER: Okay. So instead of Howard, after Ms. Palay, Richard, is it Dooley? MR. DOOLEY: Yes, sir. MR. MILLER: Okay. Ms. Palay? MS. PALAY: I'm Judi Palay. I've lived in this area, Mr. Hall's district, for 20 years. How to slay our dragon. Apparently, we can't, or can we? Who is our -- who controls our dragon? Let me set the scene. Vanderbilt Drive in the year 2000, 17 driveways between October 10, 2023 Page 117 Wiggins Pass Road to the south and Woods Edge Parkway to the north. Lovely developments that honored the statements from leadership that we did not want to become another Miami Beach. Not too many years later, Kalea Bay presented plans to develop both sides of Vanderbilt near Wiggins Pass asking to put over 100 houses on what is now the golf course land brought out many residents in the area. The traffic on Vanderbilt, plus the traffic on Wiggins Pass, along with the bicycles, would create a dangerous situation for all. An agreement got hammered out, also known as the settlement agreement. That agreement kept being modified. Fast forward, Building 1 became 60 feet wider. This meant that all the other buildings had to be skewed to fit on the property. The developer asked for other changes: 2,000 residents in the area signed petitions asking the commissioners not to open the agreement. Commissioners who were elected to represent their constituents, once again, ignored us and continued to allow the developers to put up more buildings that certainly do not fit in the architecture in the area. Please, Google California high-rise prisons. We, who were here first, love our area. We have had tortoises and bears, bobcats and eagles, beautiful trees and seabirds with unrivaled sunsets from the time we got near the end of Wiggins Pass Road to our drive north on Vanderbilt Drive, but not anymore. We no longer have those, the very reason we bought here. We are trying to save the integrity of our Cocohatchee Bay neighborhoods. Regardless of contributions you may have received, we are urging you to please, please do not open our settlement agreement. You represent us. And we are asking you to help slay the October 10, 2023 Page 118 dragon, the overbuilders, those who want quantity of units, not life quality for those who were here first. Please do not open our settlement agreement. As I've tried to so clearly state, opening up the settlement agreement can and will change the density of population. It will destroy the faith in our county commissioners who promised to uphold that agreement. The golf course could very easily become 60 or more homes as originally requested, and our beautiful green space will never be. As presented to the Planning Commission, the land on the southeast corner of Wiggins Pass was going to be given to the county for 100 boat trailer parking and maintained by Lodge/Abbott. There were no strings ever mentioned. Now they're adding the strings. Give them three more floors and then... I urge you to listen to the residents of this area. Do not destroy the public trust. Please do not open the settlement agreement. Thank you. MR. MILLER: Your next speaker here in the room is Richard Dooley, and he will be followed by Frank Halas. MR. DOOLEY: Mr. Chairman, Commissioners, thank you. My name's Richard Dooley. I'm a resident of Princeton Place, abuts the Tract 10. I had to change my whole thing because of the settlement. Compliments to council; split the opposition. Arbor Trace is now on one side. The residents of Wiggins Pass are on the other. Compliments to you, Commissioner Hall. I think that's a reasonable -- reasonable idea. I'm a realist. When is a settlement agreement not able to be amended? October 10, 2023 Page 119 When there's a penalty for opening it. Let me suggest -- I'm in favor of a 60-day workshop, a 60-day moratorium while we put together a workshop. Add a $10 million penalty to opening the amendment, and probably you won't get it reopened. Maybe -- the parking situation, we know that you have to put a parking lot; otherwise, the developer is going to have a problem with overflow parking. So maybe we work something out that we get some kind of a buffer zone that covers Princeton Place and maybe up and down the area that abuts the golf course. They need it because they've got trees that have died in the storm. The big thing for me personally is lock the deal down. When you have the word "amend," you can always amend something. I'm sure that the attorneys can lock it down with a penalty of 10-, $20 million to reopen it. Thank you, gentlemen. MR. MILLER: Your next speaker is Frank Halas, and he will be followed on Zoom by Ed DeJong and then Frans Ronsholt. MR. HALAS: Good afternoon, Commissioners. COMMISSIONER McDANIEL: I'll be damned. MR. HALAS: I'm Frank Halas. I was a commissioner with Collier County. I'm now emeritus. CHAIRMAN LoCASTRO: Sir, do you want to trade seats with us? All in favor? MR. HALAS: I've been in that seat. I know. CHAIRMAN LoCASTRO: Thank you for your service, sir. MR. HALAS: Thank you, and thank you for your service also. I was a commissioner -- I was one of the commissioners October 10, 2023 Page 120 who was deeply involved in the development issue for about eight years. This issue came to a head when a Bert Harris lawsuit was -- affecting the whole county was filed by the developer. Much water has passed under the bridge, but I believe it amounts to about -- excuse me. Much water has passed over the bridge. The Bert Harris Claim was about $280 million that was going to be subjected to the Commission and to Collier County and the residents. With the skills and hours of work by county staff, the citizens, many of whom were totally against the original plan, and with the help of five commissioners who were seated at the time, and with the developer, residents of the area to be highly -- that were going to be highly impacted, this settlement was reached. Many concessions were made by all sides who worked through this litigation. It is one -- it was a great day for Collier County to see this lawsuit withdrawn from the developer. Let's not repeat county history by tearing up the hard-fought agreement by all who worked to relieve this huge burden that was placed upon the county and its residents. No rights of the developer have been infringed. It is critical that the county residents can count on their elected representatives to uphold the agreements that have been made in the past. If anything, we need to maintain this agreement because things have intensified over time, and it puts the place -- it puts the place in jeopardy. Hurricane Ian proved this by the flooding that took place by its neighbor to the north. I am asking you to preserve this hard-fought agreement and do not repeat history. This is nothing more than a bait and switch. Thank you for your time. October 10, 2023 Page 121 MR. MILLER: Your next speaker on Zoom will be Ed -- your next speaker on Zoom will be Ed DeJong, followed by Frans Ronsholt. Mr. DeJong, you're being prompted to unmute yourself, if you'll do so. I see you've done that. You have three minutes, sir. MR. DeJONG: Yeah. I waive my time. Thank you very much. MR. MILLER: All right. Thank you, sir. We'll go, then, to Frans Ronsholt, and we will follow him with Jack Hultstrand. Bear with me just a second, Commissioner. Mr. Ronsholt, you've unmuted. You have three minutes, sir. MR. RONSHOLT: Thank you. I'm Frans Ronsholt. I'm a resident in Wiggins Bay in Cove Talis. I appreciate the effort done by our commissioner, Chris Hall, to come to an agreement, but I don't understand why there has now had to be another 20 feet added. The value of 10 extra units in Kalea must already, with the original height, be worth far more than the market value of three acres on the corner of Wiggins Pass and Vanderbilt Drive and possibly one acre for the fire station. So I think, even with what was proposed originally at the NIM meeting last year, the proposal is very favorable to the developer. Thank you. MR. MILLER: Your next speaker on Zoom will be Jack Hultstrand, and he will be followed on Zoom by James Owens. Mr. Hultstrand, you're being prompted to unmute yourself, if you'll do that. I see you have, sir. You have three minutes. October 10, 2023 Page 122 MR. HULTSTRAND: Thank you. I cede my time. The comments that have been made, I think, have summarized the positions of both sides, and I'll continue to listen. Thank you. MR. MILLER: All right. I just had a person drop, so we'll go instead to James Owens and follow him on Zoom by Mark Moeggenberg. Mr. Owens, you're being prompted to unmute yourself, if you'll do that. James Owens. (No response.) MR. MILLER: All right. Stick with me, here, Zoom guy. Let's try Mark Moeggenberg. Mr. Moeggenberg, you're being prompted to unmute yourself, if you'll do that at this time. Mr. Moeggenberg? (No response.) MR. MILLER: I'll tell you what, let's come back here in the room for our last two speakers in person, Joe Wood, and then Douglas Fee. MR. WOOD: Howdy. My name is Joe Wood. I live at 669 Mainsail Place in Tarpon Cove. My property backs up to the golf course with the crick running down in between. I have lived there for 17 years. The problem is the crick down between. In 17 years, I saw the crick flood one time. When it flooded, the water flowed onto the golf course area instead of our homes. Now there's been so much fill added to the golf course area, the elevation there is so much higher, I am concerned what's going to happen the next time we got an excessive rain. I would have hoped that the concrete tiles/pipes that they put in would take care of it. I hope they have, but I have not seen anything run down along Wiggins Pass. If there is a problem, you're going to be hearing from October 10, 2023 Page 123 Morgan and Morgan and as well as engineer, the chief engineer who allowed that. Thank you. MR. MILLER: Your next speaker is Doug Fee, and then he will be followed on Zoom by Mark Godecki and then Mary Massaro, also on Zoom. MR. FEE: Good afternoon. For the record, my name is Doug Fee. Thank you for the ability to speak today, the freedom that we have here in this country. I'm here, of course, to say to you, do not open the settlement. Do not change things. Leave it alone. Frank Halas was commissioner back in 2006, and he spoke that the citizens, the residents in the area were involved in this settlement agreement. In fact, I was one of those residents. And we worked hard on those stipulations, those agreements. And we don't want to see a change. Part of what we agreed to was to put the units on the west side of Vanderbilt Drive and leave the golf course, which was zoned, and if for some reason in the future, you didn't have a golf course, you would have green space. Those were really the two major things that we agreed to. And the County Commission at the time voted with the developer to settle the $280 million lawsuit. My question to you is: In this hearing, are you somehow going down the road putting the taxpayers back into a situation where we can be sued again? I don't know the answer because I'm not an attorney. But $280 million is a lot of money. We just went through budget hearings, and you were talking about 28 million and changing this and changing that, Conservation Collier. We're talking 280 million. So are we settled? Because we, the residents in the neighborhood, thought back in 2008 when this was done that we're settled, but if we're October 10, 2023 Page 124 not settled, could we be back here another year from now or two years from now or five years from now? When is it settled? And we're asking you, Commissioners, we have, and each of you received, two inches of petitions, okay, a packet, 197 pages. These come from all the residents in the area surrounding this parcel. And don't get me wrong, I like Kalea Bay. It's a great neighborhood in our neighborhood. These people I know. But at some point we, the residents, we have to rely on you. You are our representatives. You do the deal. Please consider also that there are other Bert Harris lawsuit settlements around the county. Are you setting something today in our neighborhood, in our area, that then you will be asked for down the road to undo? Keep in mind the lawsuit. Keep in mind that we need you to leave everything alone. And I thank you for your time. I thank the audience as well for their time. MR. MILLER: All right. Mr. Chair, the rest of our speakers are on Zoom. Your next speaker on Zoom is Mark Godecki, and he will be followed by Mary Massaro. CHAIRMAN LoCASTRO: How many more do we have on Zoom, sir? MR. MILLER: It's 11, but I thought I'd try to recall the four people who did not respond real quick at the end, if that's all right with you, sir. Mr. Godecki, I see you've unmuted yourself. You have three minutes, sir. MR. GODECKI: Yeah, I yield my time. MR. MILLER: All right, sir. Thank you very much. So we will try Mary Massaro, followed by Mike Smith. Mary, you're being prompted to unmute yourself, if you'll October 10, 2023 Page 125 do that at this time. You have three minutes, Mary. MS. MASSARO: I cede my time. Good morning. I cede my time as well. Thank you. MR. MILLER: Okay. Thank you very much. Let's try Mike Smith, then. Mr. Smith, momentarily -- you're being prompted to unmute yourself, if you'll do that at this time. Mike Smith? There you are, sir. You have three minutes. MR. SMITH: Okay. Thank you. I will cede my time. Everything's been said that I wanted to express, so thank you very much for your time. MR. MILLER: Thank you, sir. Your next speaker on Zoom is Roger Karam, and he will be followed by Shannon Villemez. Roger, I hope I'm saying your last name -- is it Karam or Karem? You have three minutes, sir. MR. KARAM: It's Karam, but thank you. I'll cede my time, too. MR. MILLER: All right. Thank you very much, sir. Shannon Villemez. Shannon, momentarily, you're going to be prompted to unmute yourself, if you'll do so. I see you have, Shannon. You have three minutes. MS. VILLEMEZ: Thank you very much for your time. My name is Shannon Villemez, and I live in Tarpon Cove. Perry DeSiato has already mentioned a lot of the things. I just wanted to say that I appreciate the proposal by our representative, Chris Hall, and I like the idea of us getting the full three acres and the fire station, et cetera. I also like the proposal that there will be a fine if we open the settlement agreement again and that we put a stipulation that Arbor Trace gets the berm prevention for them so that they don't have to October 10, 2023 Page 126 experience the flooding the next time we have a hurricane come by. The only other thing I wanted to say was on most holidays and weekdays during season there are trucks and boat trailers parked all along Wiggins Pass Road and along Vanderbilt Drive. Not only is it unsightly, it's dangerous to have all of these vehicles parked along the road. So I'm very much in favor of the full three acres being used for overflow parking for the marina so that we can remove the unsightly trucks and trailers along the side of the road and make it less dangerous. Thank you very much for your time. MR. MILLER: Your next speaker on Zoom is Sheila Farrell, and then she will be followed by Susan Kane. Sheila, you're being prompted to unmute yourself, if you'll do that. Thank you. You have three minutes, ma'am. MS. FERRELL: I cede my time. Thank you. MR. MILLER: All right. Stick with me, Isaac, on Zoom. We're going to try Susan Kane next. Ms. Kane, you're being prompted to unmute yourself, if you'll do that at this time. I see you've unmuted. You have three minutes, ma'am. MS. KANE: Thank you very much, but I have no further comments or questions. MR. MILLER: Thank you, ma'am. All right. Let me take a breath here and let my Zoom guy catch up. Suzanne Ring will be followed by Ted Downie. Suzanne, you're being prompted to unmute yourself, if you'll do that at this time. I see you have. You have three minutes, Suzanne. MS. RING: My name is Suzanne Ring. I live at Pelican Isle. October 10, 2023 Page 127 Most of the items that I would have addressed have been already spoken for, but I do have a concern for those people who have had some potential flooding issues, that's Arbor Trace, and also for Falling Waters and Tarpon Cove. Hopefully those will be addressed. I think if the commissioners are not sure about what to do, that we put a -- postpone the decision for a couple of meetings and -- until we can have more discussion. Concerned that if we did accept the -- what was -- what Chris Hall has told us about the use of the Tract 10, we would need to know what Collier County would do with that and what issues might be involved with that. And that's pretty much all that I have to say about this. I did originally indicate that opening that settlement could be an issue. If that settlement being opened is -- if those issues could be resolved in terms of the potential lawsuit and other settlements, then, perhaps, that could be addressed as well. And I'm finished. MR. MILLER: Thank you, ma'am. Your next speaker on Zoom is Teresa Duclos, and she'll be followed by William Knab. Teresa, you're being prompted to unmute yourself, if you'll do so. I see you have, ma'am. You have three minutes. MS. DUCLOS: (Unintelligible) time, thank you. MR. MILLER: All right. Thank you, ma'am. Let's try William Knab. Mr. Knab, you're being prompted to unmute yourself, if you'll do so at this time. Well, actually, just a moment, Mr. Knab. There, you are being prompted to unmute yourself, if you'll do so at this time, sir. A little rapid fire Zooming here. There you are, Mr. Knab. You have three minutes. MR. KNAB: There we are. Thank you very much. October 10, 2023 Page 128 Commissioners, my name is Bill Knab. I thank you for your time. And I live a Wiggins Bay Villas, North Naples. I'm part of the concerned citizens and communities of Wiggins Bay. I want to commend Commissioner Hall for working with the developer to come up with a workable solution to Tract 10. I support that. I would like to see Tract 10 eventually turned into a preserve, ideally. If we do need it for parking, I would like to make sure that there is community involvement in making that development. No matter what we do to Tract 10, I think that the concerned citizens in the area would like to have direct input. And I think we should vote for opening the agreement and move forward. Thank you so much. I appreciate your time. MR. MILLER: All right. I'm sorry. I can't remember this one. Susan Kane. I can't remember if we called on you, Susan. Susan, you're being prompted to unmute yourself, if you'll do so at this time. And I'm sorry if we've already called on you. Susan, there you are. You have -- MS. KANE: You did already call on me. Thank you. MR. MILLER: Thank you, ma'am. I'm sorry. So let's real quick, rapid fire -- stay with me, Zoom pilot. I want to try the four people who did not respond at all real quickly here. Ann Roccio. Ann, you're being prompted to unmute yourself, if you'll do that at this time. If you do not, we'll assume you do not want to speak. There you are, Ann. Do you want to speak, ma'am? MS. ROCCIO: I cede my time. Thank you very much. MR. MILLER: Thank you. We're going to move on next and try Charles Wolfe. Mr. Wolfe, you're being prompted to unmute yourself, if you'll October 10, 2023 Page 129 do that. And, again, if you do not unmute yourself on this attempt, we will assume you do not want to speak. (No response.) MR. MILLER: All right. Let's try James Owens. Mr. Owens, you're being prompted to unmute yourself, if you'll do so at this time. (No response.) MR. MILLER: And, finally, Mark Moeggenberg. Mark, you're being prompted to unmute yourself, if you'll do that at this time. There you are, Mark. You have three minutes, sir. MR. MOEGGENBERG: I concede [sic] my time. Thanks. MR. MILLER: Mr. Chair, that is all of the public speakers we have on this item. CHAIRMAN LoCASTRO: Did all the goombahs in the audience get to speak? I just want to make sure. The plan normally was to break at 1:00, but in these last three minutes, I wanted to offer two things. First, you know, a lot's been said, so I was going to defer to Commissioner Hall and just see if -- you know, we're not going to sit here and vote on anything, but if he had something that he wanted to say that we could all chew on over lunch. And I also offer the same thing to Mr. Yovanovich. Without getting over extemporaneous, if there was something that you heard that you wanted to just touch on and then, you know, I'd like to break for lunch at 1:00, come back here at 1:50 or 2:00 and continue. But I'll defer to the commissioner first. Commissioner Hall, is there anything, sir, that you would like to throw out there or address? COMMISSIONER HALL: Yeah, I'd like to say a couple October 10, 2023 Page 130 of things to some of the speakers that had some questions. In the Planning Commission on July the 6th of 2022, it was clearly stated that they had 1.61 acres that they were going to give us. In the NIM documentation, it was vague. They showed the whole three acres, but then they showed the drawing right below that where they were going to -- where they were going to give us the 1.61. So I agree, it was fuzzy. Yeah, I don't think it was misleading because of the 1 point -- because of the Planning Commission, but it was an oversight, and it's well noted. I just wanted to acknowledge that. If we say no to this and the three acres remains with the applicant, we don't get public input, period. I can't express that enough. If the county gets it, then, yes, I think that we would want to hear what you have to say before we do anything. I know we need parking. We have -- this is all brand new to us as of this morning, just like it is you. We don't know what we're going to do with the three acres. We're listening. We want -- we want parking, but we don't know what else is going to happen there. We'll talk about that. The transaction will happen at the same time. Nobody's going to renege on a deal that -- you know, when the three acres are coming our way, the three acres are going to come our way. I do want to say that the golf course will be handled by land development. That has nothing to do with this -- these agenda items. The elevations, the flooding, I mean, we're listening, but it has nothing to do with us passing this today. And, Mr. Yovanovich, you got some things you want to address? MR. YOVANOVICH: I know you're going to take a break. So let me just throw a timing. There was a question about when will you get the land, and our intention would be to October 10, 2023 Page 131 give you the land 60 days after the expiration of the typical appeal period for today's proceedings if we're approved. So now you have a time-certain, which some people were concerned about, when would you actually get the land. With that, you know, I'll just reserve time if you want to come back. I don't really have a whole lot to say in rebuttal, but I'd rather -- if you're going to take a break and come back, then I'd rather do it then, but if you're going to move forward now, then I can say the two things I want to say, and we'd be done with it. CHAIRMAN LoCASTRO: Commissioner Saunders, and then I have a question. Go ahead, sir. COMMISSIONER SAUNDERS: I think that we've got an awful lot of people in the audience that are, obviously, here just for this item. We've heard from the commissioner from the district. I think -- if I'm not mistaken, I think the commissioner from the district is ready to make a motion on this. COMMISSIONER HALL: Yes. COMMISSIONER SAUNDERS: I'm not sure it's going to be of value to break for lunch and come back an hour later. So I'm just throwing that out there. I think we're probably already -- COMMISSIONER HALL: I'll move to approve with the agreement of 20 extra feet of height and the three acres total. CHAIRMAN LoCASTRO: There's still a few more questions up here before we're ready to vote on a motion, though. Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. Just on the -- and I'm going to second his motion but ask my questions, October 10, 2023 Page 132 if I may, because I like -- I like the transaction. Who pays for the extra portion of the land going from the original parking lot -- the developer was going to pay for that parking lot and commence construction by the end of -- or May of '26. MR. YOVANOVICH: We were going to finish by then. COMMISSIONER McDANIEL: Huh? MR. YOVANOVICH: We were going to finish by then. COMMISSIONER McDANIEL: Yes. MR. YOVANOVICH: I think you said commence. COMMISSIONER McDANIEL: Well, forgive me if I misspoke. We're getting the entire three acres. Are we able to make a commitment on what we're going to do with that today? MS. PATTERSON: So that was -- sir, that was part of our question is -- COMMISSIONER McDANIEL: So, nonetheless, with this transaction, the extra 44 parking spaces are coming to be completed by -- MR. YOVANOVICH: Well, no. You're getting the land, and you'll do with it whatever you want to do. COMMISSIONER McDANIEL: Okay. So we're not -- they're not -- they're not doing the -- you're not going to do the extra parking spaces? CHAIRMAN LoCASTRO: Well, that was going to be my question. Was there ever discussion -- I mean, you know, I wasn't privy, none of us were, to maybe what happened in the NIM or anything in District 2. But was there ever a discussion that -- like you said, we'd get the land, but in a partnership the developer would help design the parking or pick up some additional costs -- you know, I realize giving us the land, but was there ever anything as to help share -- cost share, design, October 10, 2023 Page 133 permitting, construction, or anything on that land? It looks like we're gravitating toward some sort of parking solution on that land, but was that ever any part of the discussion? Or was it land, do with it what you will, as you just said? Was that the agreement? MR. YOVANOVICH: The proposal we made today, yes, when we were keeping a portion of the land, we were going to design, permit, and construct the parking, but now that we're giving you all of the land -- COMMISSIONER McDANIEL: You're not going to do that. CHAIRMAN LoCASTRO: You're backing away from it? MR. YOVANOVICH: We're not going to do the design, permitting, and construction of the county's parking. COMMISSIONER McDANIEL: Gotcha. I wanted that clarification. For the County Attorney -- you know, Frank's gone. He left. But there was representations of concerns about reopening the settlement agreement. Are there -- are there liabilities for us to reopen the settlement agreement and reach this? MR. KLATZKOW: No. COMMISSIONER McDANIEL: Okay. I have no other further questions. MR. YOVANOVICH: Mr. Chair, if I might, we had a speaker get put into the wrong column on Zoom. I do have one more. May we listen to her, please, sir? CHAIRMAN LoCASTRO: Go ahead, sir. MR. MILLER: Coila Campbell. Ms. Campbell, you're being prompted to unmute yourself, if you'll do that at this time. Ms. Campbell? Coila, we're going to call you one last time. Ms. Campbell? Coila Campbell. There you are. You have October 10, 2023 Page 134 three minutes. MS. CAMPBELL: Hi. Yes, I'm here. Commissioners, thank you so much. I think everyone has pretty much said anything that I would be interested in adding to, so I won't take up any more of your time and just repeat what's all been said so far. Thank you so much. MR. MILLER: My apologies, Mr. Chairman. CHAIRMAN LoCASTRO: Okay. I agree with Commissioner Saunders. I mean, I thought maybe there would be more that you-all -- that the applicant had to say or that Commissioner Hall wanted to add. If there isn't, and in these closing minutes, we already have a motion on the floor by Commissioner Hall, we have a second by Commissioner McDaniel. I think we all understand the summary of what's in that motion. Is there anything that you have to add, sir? MR. YOVANOVICH: I just want to clarify. Their statements they're making about us flooding our neighbor to the north -- COMMISSIONER McDANIEL: That's got nothing to do with this. MR. YOVANOVICH: -- it's not accurate. So I'm not going to get into the details of that. I just want to put on the record that that's not an accurate statement. CHAIRMAN LoCASTRO: Commissioner Hall, sir, do you have any final comments? This is a complicated one. I know you put a lot into it. I wanted to just give you closing comments before we vote on the motion. COMMISSIONER HALL: Yeah. Would there be any consideration to keep -- to add the parking and then get the other acre and a half for the extra 20 foot? MR. YOVANOVICH: You want us to build the parking? October 10, 2023 Page 135 COMMISSIONER HALL: Build the parking like we were originally going to do, and then for the extra 20 foot in exchange for the extra acre and a half, would there be any consideration -- MR. YOVANOVICH: I don't want to take an hour. Can I have five minutes? COMMISSIONER HALL: Sure. CHAIRMAN LoCASTRO: Sure. MR. YOVANOVICH: You've kind of put me on the spot here. CHAIRMAN LoCASTRO: Do you understand -- you understand the question? MR. YOVANOVICH: I understood the question. CHAIRMAN LoCASTRO: We've all sort of asked the same question in a little bit of a different format. MR. YOVANOVICH: I understand. I understand the ask. CHAIRMAN LoCASTRO: Okay. MR. YOVANOVICH: But I do need five minutes with my client. CHAIRMAN LoCASTRO: Absolutely. MR. YOVANOVICH: I appreciate that. MS. PATTERSON: Commissioners, after their five minutes, when he comes back, you also need to get your zoning staff up here, please, so that they can explain to you what steps we would have to take to be able to utilize this for parking, just to be sure that the Board's clear that it's not the same as just parking as it is with a commercial building with attached parking -- CHAIRMAN LoCASTRO: But that's depending on what he -- October 10, 2023 Page 136 MS. PATTERSON: Yes, let's wait to see what -- CHAIRMAN LoCASTRO: If Mr. Yovanovich comes back and says it's a no-go, you get the land, the keys to the land, and that's it, then all this is moot, or no? MS. PATTERSON: No, that makes it more important for them to come up. CHAIRMAN LoCASTRO: Commissioner Hall, did you want to -- go ahead, sir. COMMISSIONER HALL: Yeah. I had a question for us. If he comes back and he says, that's a deal, they'll put the parking in, do we want the parking, or do we want just control of all of the three acres? MS. PATTERSON: We want the parking. COMMISSIONER HALL: We want the parking and the other half, okay. I'm just asking. COMMISSIONER McDANIEL: Let them know that the public's done speaking. CHAIRMAN LoCASTRO: Yeah. We're not -- we're talking now amongst ourselves. Public comment has closed. COMMISSIONER SAUNDERS: Would there be any impediments to the county building a parking lot there? MS. PATTERSON: It's going to require some zoning action, and Mr. Bosi will explain that. But we just -- since we're -- COMMISSIONER SAUNDERS: Who decides the zoning on that? MS. PATTERSON: You do. CHAIRMAN LoCASTRO: Yeah, we do. MS. PATTERSON: But it's -- COMMISSIONER McDANIEL: That's a good question. MS. PATTERSON: Understood, sir. It's just the October 10, 2023 Page 137 additional steps and time is not as clear as if there's a commercial building with attached parking -- COMMISSIONER SAUNDERS: I was just -- MS. PATTERSON: -- versus parking. Okay. I know. I have no sense of humor. COMMISSIONER KOWAL: Everything's clear as mud now, so... MS. PATTERSON: That's right. MR. RODRIGUEZ: And, Commissioners, if I may, if I could put in context, there's over 24,000 registered vessels in Collier County alone. You currently have a total of about 326 boat trailer parking spaces in your county parks countywide. So getting this parcel and adding those parking would be a tremendous benefit to the public and the residents. CHAIRMAN LoCASTRO: Yeah. My position on the acreage is -- and I'm glad to see there's been sort of, you know, collegial discussion here. But the things that we are approving as far as the higher stories and the 10 feet and all the things that would obviously make that piece of property more valuable and generate much more revenue, I think we're all saying in sort of different -- in different stages, would there be -- would the applicant, based on those advantages, that if we passed this motion, what they would get, would the applicant have any desire to help us cover the cost of improving that? Even though that lot would be owned by the county, but as a -- you know, as a complement to the community, to help offset those costs of any kind of improvement that was decided, with community input, Commissioner Hall taking the lead and all that, but help offset those costs. It sounds like maybe that was a discussion, but it was -- maybe it was just sort of thrown around loosely. What's your position, sir? October 10, 2023 Page 138 MR. YOVANOVICH: What -- we had a budget. You know, when we knew what we were building based upon discussions with the county, what it was going to take to design, permit, and construct what we were proposing to do. That was a million dollars. So we're happy to give you a -- we don't want to get into giving the county a blank check to say this is what we want on the property. We'll give you what we originally planned out of -- our out-of-pocket budget was a million dollars, and we're happy to give you that when you actually permit the improvements. So you're getting what we would have spent. CHAIRMAN LoCASTRO: So it would be full access to the -- (Simultaneous crosstalk.) MR. YOVANOVICH: You get the property. You get the property, and you got a million dollars when you actually pull the -- CHAIRMAN LoCASTRO: Plus a million dollars. MR. YOVANOVICH: -- permits. CHAIRMAN LoCASTRO: Because what I want citizens to realize is -- especially since Hurricane Ian -- I mean, I'll just speak for, you know, my district. You know, we've got Caxambas that has an awful lot of damage. So if we got the keys to the property, we don't break ground tomorrow and start building parking spots; however, improvements to that three acres can happen a lot faster with the assistance of, you know, the applicant, working together with the county, rather than just give us the keys to it, and we work it into our lineup. So that was sort of, you know, my position. But, you know, you're -- MR. YOVANOVICH: We just -- I think we just -- CHAIRMAN LoCASTRO: Just did that. MR. YOVANOVICH: Yes. October 10, 2023 Page 139 CHAIRMAN LoCASTRO: Yeah, yeah, okay. We'll take the million dollars. COMMISSIONER HALL: So I'll change -- I'll change the motion. I'll say I make the move to approve with the three acres and the million dollars and the extra 20 feet. COMMISSIONER McDANIEL: And I'll second -- I'll second his amendment, and then we have to have staff give us a report on what? MR. YOVANOVICH: I just want to make sure I clarify what you just motioned to make it clearer, please. CHAIRMAN LoCASTRO: Okay. Go ahead, sir. MR. YOVANOVICH: Actually to help. I want to make sure we're clear that it's 20 feet on both the zoned and actual height, and we had offered a time frame by which we would convey the property, which was 60 days after the appeal period, and we would give you the million dollars when you get your permit. I just want to make sure that's all part of the motion instead of -- because I didn't hear the time frame and all that, I just want to make sure it was clear. COMMISSIONER McDANIEL: We didn't put it in. CHAIRMAN LoCASTRO: Can we hear from county staff? MR. BOSI: Mike Bosi, Planning and Zoning director. And a unique aspect of this 3-acre parcel, it's in Wiggins Bay PUD, and that was approved in 1982. And there was a quirk to the permitted uses within that C-2 zoning district. The C-2 zoning district has just general commercial. You can make an interpretation that a parking lot would fall within that general commercial, but it doesn't have a parking lot listed specifically as a use. But it also does have a provision that it allows the zoning October 10, 2023 Page 140 director to make a determination -- a comparable-use determination of similar uses within that zoning district. So to develop a parking lot at that -- I would have to make a determination that a parking lot falls within the commercial zoning that is allowed by the C-2 zoning district which, all things by itself, that's a determination I would gravitate to. But I just wanted to let you know that there is a little quirkiness to that C-2 zoning, and that was in place in 1982. But it does give us -- it does give us the avenue to make that determination that a parking lot qualifies as a commercial use and that it could be developed. COMMISSIONER McDANIEL: That's a good quirk. As quirks go, that's a good one. COMMISSIONER HALL: Word of the day. CHAIRMAN LoCASTRO: Okay. Anything else from county? Mr. Yovanovich? Anybody? (No response.) CHAIRMAN LoCASTRO: Okay. So I think we have a -- we have a motion on the floor by Commissioner Hall, a motion by Commissioner -- or a second by Commissioner McDaniel, and I think we know all the details of the nuances of the land, the million dollars, and all the changes, unless anybody's got any questions. (No response.) CHAIRMAN LoCASTRO: Okay. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? October 10, 2023 Page 141 (No response.) CHAIRMAN LoCASTRO: It passes unanimously. (Applause.) COMMISSIONER McDANIEL: Good comments. When are we coming back? CHAIRMAN LoCASTRO: What do you think? COMMISSIONER McDANIEL: You say. Hour? CHAIRMAN LoCASTRO: Yeah. Come back at 2:15? Yeah, we'll return at 2:15. (A luncheon recess was had from 1:14 p.m. to 2:15 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Okay. County Manager, let's roll into 9B and C. Item #9B RECOMMENDATION TO APPROVE AN ORDINANCE TO REZONE 5.53± ACRES OF PROPERTY FROM THE ESTATES (E) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT October 10, 2023 Page 142 DEVELOPMENT (CPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS 4050 13TH AVENUE COMMERCIAL PLANNED UNIT DEVELOPMENT TO ALLOW DEVELOPMENT OF UP TO 171,500 SQUARE FEET OF GROSS FLOOR AREA OF SELF-STORAGE AND MINI-WAREHOUSE (SIC 4225). THE PROPERTY IS LOCATED SOUTHWEST OF THE INTERSECTION OF 13TH AVENUE SW AND COLLIER BOULEVARD, NORTH OF GREEN BOULEVARD IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20210003321] (THIS ITEM IS A COMPANION OF ITEM #9C) (DISTRICT 3) - MOTION TO CONTINUE TO DECEMBER 12, 2023, BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO – CONTINUED MS. PATTERSON: Yes, sir. 9B will require ex parte disclosure. This is a recommendation to approve an ordinance to rezone 5.53 plus/minus acres of property from the Estates zoning district to a Commercial Planned Unit Development zoning district for a project to be known as 4050 13th Avenue Commercial Planned Unit Development to allow development of up to 171,500 square feet of gross floor area of self-storage and mini warehouse. The property is located southwest of the intersection of 13th Avenue Southwest and Collier Boulevard, north of Green Boulevard in Section 15, Township 49 South, Range 26 East, Collier County, Florida. Item #9C October 10, 2023 Page 143 RECOMMENDATION TO APPROVE AN ORDINANCE AMENDING THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO CHANGE THE DESIGNATION OF PROPERTY FROM ESTATES-MIXED USE DISTRICT, RESIDENTIAL ESTATES SUBDISTRICT TO THE ESTATES- COMMERCIAL DISTRICT, 13TH AVE SW COMMERCIAL INFILL SUBDISTRICT WITHIN URBAN GOLDEN GATE ESTATES SUB-ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN ELEMENT TO ALLOW UP TO 171,500 SQUARE FEET OF GROSS FLOOR AREA OF SELF-STORAGE AND MINI-WAREHOUSING (SIC 4225 THE SUBJECT PROPERTY CONSISTING OF 5.53± ACRES IS LOCATED SOUTHWEST OF THE INTERSECTION OF 13TH AVENUE SW AND COLLIER BOULEVARD, NORTH OF GREEN BOULEVARD IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20220000289] (THIS ITEM IS A COMPANION OF ITEM #9B) (DISTRICT 3) MOTION TO CONTINUE TO DECEMBER 12, 2023, BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO – CONTINUED 5/0 This is a companion to Item 9C, which is a recommendation to approve an ordinance amending the Collier County Growth Management Plan to change the designation of property from Estates Mixed Use District, Residential Estates Subdistrict, to the Estates Commercial District, 13th Avenue Southwest Commercial Landfill Subdistrict within Urban Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan Element to allow up to 171,500 square feet of gross floor area of self-storage and mini warehousing. The subject property is consisting of 5.53 plus/minus acres and is located October 10, 2023 Page 144 southwest of the intersection of 13th Avenue Southwest and Collier Boulevard, north of Green Boulevard in Section 15, Township 49 South, Range 26 East, Collier County, Florida. We need to have everyone who's going to be participating stand up and be sworn in by the court reporter, please. MR. MILLER: If you're going to speak -- THE COURT REPORTER: If you're going to speak, you need to be sworn in. CHAIRMAN LoCASTRO: If you're going to speak on this issue, we need you to stand up and be sworn in, please. Thank you. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) MS. PATTERSON: Commissioners, ex parte. CHAIRMAN LoCASTRO: Okay. Commissioner Kowal, sir, what do you have on 9B and C? COMMISSIONER KOWAL: I have meetings and emails. CHAIRMAN LoCASTRO: Okay. Commissioner Saunders. COMMISSIONER SAUNDERS: Yes. I have emails and phone calls as well as some meetings. CHAIRMAN LoCASTRO: Okay. Commissioner Hall. COMMISSIONER HALL: Meetings and emails. CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel. COMMISSIONER McDANIEL: Same. CHAIRMAN LoCASTRO: Okay. And I have meetings and emails. Okay. October 10, 2023 Page 145 MS. PATTERSON: Thank you. We'll start with Mr. Davies. MR. DAVIES: Thank you, Madam County Manager, and thank you, Mr. Chairman. Good afternoon, Commissioners. Noel Davies with the law firm of Davies Duke on behalf of the applicant for this matter, Shamrock Builders, Inc. I have with me today Greg O'Herren, our client representative; Patrick Vanasse is our professional planner; James Banks is our transportation engineer; Laurie Swanson is our civil engineer; Parke Lewis is our ecologist; and Russ Weyer is our economist. Our pending applications include a site-specific Growth Management Plan amendment to create a new subdistrict as well as a corresponding rezone to PUD application to allow the self-storage use only. The subject property is located at 4050 13th Avenue Southwest. Our total acreage is approximately five-and-a-half acres, and we are currently zoned Estates. The property is immediately adjacent to two Florida Power & Light power plants. Here are some visuals of what sits immediately next door to the site. I'd like to walk you through, Commissioners, how this project has evolved from initial submittal to today and the significant number of concessions and compromises that my client has made to accommodate the neighboring residents. My client and our team has been very involved in engaging with the neighbors for many months now. We've had two separate neighborhood information meetings, one via Zoom and one in person. In addition to that, we've had three separate meetings with the neighbors as well as multiple email communications. We have worked through a number of changes with your county staff in response to requests from the neighbors and have kept October 10, 2023 Page 146 neighbors updated throughout the process. So here's where we are today. First and foremost, there will be no access on 13th Avenue Southwest. This was a major concession from the developer and was the primary concern of the neighbors at the first set of neighborhood meetings. Our original submittal did include access on 13th, but it has been very important to my client to work with the community. We've worked with staff, and we've agreed to move all access to 951 only. This is at my client's significant additional cost and will include a left turn in from 951 northbound. Again, we've worked very hard with county staff on this to obtain this as the only access point. County staff is in agreement. And we've redesigned our site. You'll see the three different master plans to ensure the no access on 13th at the request of the neighbors. You'll see in yellow on this slide the left turn-in from 951 northbound. This is at the southeast corner of the site, and this will be, like I said, the only access point. In addition, there will be a school bus stop with parking for parents to wait in their cars that will be constructed on my client's property at my client's sole cost. We heard safety concerns from the neighbors that exist today with respect to the school bus stop here at the intersection of 951 and 13th. Again, safety is very important to the team and to my client. And even though this is not my client's responsibility and even though the access has been moved -- there will be no traffic on 13th as a result of this development -- nonetheless, as an additional gesture of good faith to the neighborhood, we will be constructing this school bus stop and waiting area on our property so that there will be a safe place for children and their parents to wait for the school bus. October 10, 2023 Page 147 This will be part of our SDP application, the school bus stop, but we are legally obligating ourselves today to do this as a developer zoning commitment. We've also reduced the square footage of the project by 3,500 square feet. We have eliminated this building that you see on the slide. This was an office building that was closest to 13th. That is no longer, and that creates even more separation from the project facilities and 13th. So to return to this slide, the separation from 13th is now at a 148-foot setback. This is above and beyond what's required by county code and shifts all the activity on the site as far as -- excuse me -- as far south as possible. And in addition to the separation, we are providing enhanced buffering and landscaping and have agreed now to legally incorporate those enhanced plantings which, again, is really an SDP requirement, but we want to commit to that today so that the neighbors have full assurances on the quality and extent of the landscaping, all of which exceed your county requirements. In addition to these significant changes, the location of the site is very unique, and I mentioned this, in that it is sandwiched between two FPL stations. Because of that, the site is not suitable for any residential use, and one of the least intense commercial uses, as you know, is self-storage. This will have very minimal impacts on the surrounding area, all of which have been reduced even further by the concessions I just outlined. So to sum up, we are consistent with your Growth Management Plan and Land Development Code. We have made these changes to work with our neighbors. Your staff has reviewed the petitions; they are recommending approval. And we respectfully request your vote of approval today. With that, the team and I are happy to answer your October 10, 2023 Page 148 questions. Thank you, Mr. Chairman and Commissioners. CHAIRMAN LoCASTRO: Okay. I'm sure we have plenty of public comment. Mr. Miller, how many? MR. MILLER: We have three speakers on Zoom and 30 here in the room. The 30 here in the room are divided up into five groups. They've ceded time, so it's -- CHAIRMAN LoCASTRO: Before you go to public comment, Commissioner Saunders, I just yield to you in case you wanted to make any opening statements, since this is your district. COMMISSIONER SAUNDERS: Yeah. Well, I think I want to hear from the public. I went out to the site and kind of walked the site, and I'm not totally convinced that residential use is inappropriate there, but that's something -- I want to hear from the public first, and then I'll reserve some comments later. CHAIRMAN LoCASTRO: Okay. Sir, perfect. Mr. Miller, and mix up the groups, you know -- MR. MILLER: Yes, sir. We're going to start with Richard LaGarde, who has been ceded time from eight additional folks. I'm going to call all of their names here. Give me just one second. So it's Richard. And Ken Watts. Please raise your hand when I call your name. (Raises hand.) MR. MILLER: Tom Moss? (Raises hand.) MR. MILLER: Lisa Moss? (Raises hand.) MR. MILLER: Thank you. Susan Wallace? (Raises hand.) MR. MILLER: Thank you. October 10, 2023 Page 149 William Wallace? (Raises hand.) MR. MILLER: Thank you. Mary LaGarde? (Raises hand.) MR. MILLER: Thank you. John Dryden? (Raises hand.) MR. MILLER: Thank you. And Ella Dryden. (Raises hand.) MR. MILLER: So Mr. LaGarde will have 27 minutes. After he is done, we'll go on Zoom to Mike Ryan. Mr. LaGarde. MR. LaGARDE: Good afternoon, Commissioners. I am here at the request of some of the -- a number of the landowners and homeowners on 13th Avenue. My hope is to be able to summarize their concerns for you so that we don't have a haphazard presentation. I want to cover the reasons I'm here: The full disclosures; the dilemma created for you by Shamrock, Shamrock's orphan property claim, I want to examine that for a few minutes; Shamrock's need claim, I want to examine that, test it; the size problem of this project; the legitimate fears of the area residents; possible alternative development models that are more reasonable than the ones being proposed; and some issues of fundamental fairness. First three reasons I'm here: I have two grandchildren who live on 13th Avenue Southwest. As a grandfather, I'm concerned about their safety and their quality of life, and so I have a concern there. Also, I'm a landowner. I'm a October 10, 2023 Page 150 homeowner on 7th Avenue Southwest, so I'm concerned about the slippery slope situation where we see commercial entities coming in and trying to build in residential areas in District 4. I'm concerned about that for my own self. I know a lot of people on 7th Avenue Southwest are concerned about this particular project. They see it as a harbinger of things to come. And I know people on 5th Avenue Southwest have the same concerns; they've expressed it to me. And you go on down from 5th all the way up towards Immokalee, there are homeowners there who are also concerned about this. So that's part of the reason I'm here. Also, I lived for 35 years in Houston. A travel website labeled Houston the ugliest city in America, and it's because they don't have zoning. When I bought my first home in Houston as a young lawyer, several months after I bought my home, a developer built a bowling alley right next door to my house. And every night at 2 in the morning, the drunks would come rolling out. One of them had a car horn that played the Yellow Rose of Texas, and he would hit his horn every night at 2 in the morning. So when I moved here to Collier County, I thought, my God, here's a county that believes in planning, they believe in zoning, they believe in organized development with commercial zones, industrial zones separated from residential zones, and I thought, this county really has its act together. So that's one of the reasons I'm here. I don't want to see Collier County turn into another Houston. Now, first, the dilemma created for you by Shamrock, they're asking you to rezone this residential property when their own application shows that there were 10 alternative sites where they could build it, all of which were either commercial, October 10, 2023 Page 151 industrial, or agricultural, but they didn't choose any of those 10 sites to bring to you. Instead, they bring you a residential site, presumably because the cost of residential property's cheaper than the cost of commercial or industrial property. They're asking you to ignore your own master plan, and we'll go into that in a few minutes. And they're asking you to ignore the legitimate fears of neighborhood residents, and I'll go into that in a minute. First of all, in terms of the alternative properties, they've showed 10 different properties. And as you can see, most of them are already zoned commercial, already zoned industrial, and two are zoned agricultural. And, again, none of those was chosen by Shamrock. Shamrock, instead, chose a residential property. Next we go to the Golden Gate area master plan. This is your plan as commissioners for Golden Gate area. Goal 1 was to ensure the health, safety, and welfare and quality of life of local residents. I don't think that the largest warehouse in Collier County right on the street where these people live is going to enhance the quality of their life. Goal No. 2 is to preserve the rural character. Again, we're not preserving the rural character of this area by putting in a massive warehouse. And the third goal was to limit commercial and conditional uses to preserve the area's rural character. Again, we're not preserving the rural character of the area when we put in such a large warehouse. Now, Shamrock has said -- and this is a direct quote -- property has been rendered inadequate for residential housing by the two surrounding electrical substations. I want to ask you, as commissioners, where's the proof? What proof October 10, 2023 Page 152 have they presented to you that residential uses are inadequate here, that you can't build a home, you can't develop this for residential use? Everyone seems to assume that. Yes, there's a substation in the back. There's a substation off to the south. Where's the proof that no one would build a home there, no one would want to buy a home? I haven't seen any proof. Everyone just makes that assumption without looking at the evidence. So, again, should you just accept that at face value, or should you require some proof from the developer that that's, in fact, true? Now, I want to suggest to you that there has been no good-faith effort to market this as a residential property. The property was purchased in, actually, it was November of 2021, a mistake there. It was purchased by an LLC in November of 2021. They didn't list this on the MLS. If you've got a piece of property and you want to try to develop it as residential, you put it on MLS. It was never put there. Instead, it was put on LoopNet, which is a commercial website, and it was described there as a prime rezone candidate. So we have a brand-new landowner, an LLC, that has no intention of trying to develop this for residential purposes. Its sole intent is to try to rezone this as commercial. So, again, when you're told the main reason you need to go along with this is because it is unfit for residential use, no evidence of that and no attempt, no good-faith effort by the landowner to try to develop this as a residential property. And the other thing is, if you look at FP&L substations all around Collier County, they're surrounded in some cases by multimillion-dollar homes. So the thought that just because there's a substation there, no one's going to want to live next door, just isn't borne out by the facts. October 10, 2023 Page 153 Here's their purchase of the property. They bought a 2.77-acre plot, and right next door, a 2.77-acre plot. Those two plots make up this property that's the subject of the rezoning. Here's a house that was opposite the -- is on the property, and it was occupied through 2017 by Mr. Parker who owned Parker Tree Service. He was renting the house. And in 2018, FP&L obtained or acquired that tract, developed its new substation, and then ceded the tract in front back to the trust that owned it, and it was subsequently bought by the current landowner, the LLC. But, you know, the fact that you've got a model home here, no one has tried to rent it out, no one's tried to sell it since the current property owners purchased it, so -- but we're just supposed to assume that no one will want to live there. Now, here is the MLS listings for that house. It hasn't been listed on MLS since 2010. So, again, no one has tested the market. Here's the LoopNet listing, and it says it's a prime rezone candidate. Again, the landowners went directly into commercial ventures and didn't even try to develop it as residential, which is what it's supposed to be. Now, I wanted to show you for a second, here you have the subject property, and just below you see a home that sold for 1.7 million in March of last year, and it's right next to the FP&L facility. Again, if this is unfit for use as residential property, why is someone buying a $1.7 million home right next door to FP&L? CHAIRMAN LoCASTRO: Can you go back for one second, sir? MR. LaGARDE: Yes, sir. CHAIRMAN LoCASTRO: Okay. I got it. I was October 10, 2023 Page 154 looking -- trying to read what was in one of the boxes. Got it. MR. LaGARDE: Oh, sure, yeah. It's a little bit small. Here we have another FP&L station in Grey Oaks, and you've got a $3.9 million home there, $5.4 million home there, $7.8 million home there, which backs onto their substation and high power lines. Again, why are we assuming that this is not fit for residential use if it's good enough for people in Grey Oaks with $7 million homes? Here is Foxfire Country Club. Again, FP&L substation there, and it's surrounded here in the back by homes in the $800,000 range, and one just across the street sold for 475,000 this year. Here's another FP&L substation in Willoughby Acres. Again, you got $700,000 homes backing onto the substation. No problem for them. And then we have Solana Road FP&L substation, and we've got $500,000 homes, $700,000 homes backing up to it. No problem for them. And here's a brand-new subdivision next to the Florida Sports Park substation; $900,000 homes going up right back behind it. So, again, the evidence is just not there that this property is unfit for residential use. Let's talk about the need claim that Shamrock had set forth. They said there's a need/demand for self-storage in this area. Well, this area being Golden Gate Estates, where's the need for the residents of Golden Gate Estates? Most of us have two-and-a-half or five-acre lots with storage buildings in back of our homes. We don't need this self-storage. So who is the self-storage for? Who are they building it for? Not for us as neighbors. So the question is, why are you putting it here, and who is October 10, 2023 Page 155 it you're really aiming at as your target audience? There's -- in the prior year or two, there are 822,000 square feet currently permitted, being built, or being applied for in Collier County. That's a lot of self-storage space. And, more importantly, every CubeSmart in Collier County is offering discounts and free rent. Now that, to me, is a sign of oversupply. You don't offer free rent and discounts if there's -- if there's no space to be had. So I do question the assumption that there's a need for storage space, and here's the list of all the storage units that are either being developed, being built, or have recently been built in Collier County. Now, you look at national statistics. If you look on the left up here, the self-storage -- I may have to have my glasses on for this one. The self-storage occupancy is on its way down. It peaked earlier in 2022 at the end of COVID, and now it's trending downwards. On the right-hand side, you see that the cost to rent self-storage is also trending down, which raises questions as to whether or not there's a big future for self-storage in terms of nationwide. And, again, these are nationwide figures. I understand Collier County's different. We have a lot of folks retiring down here. But, again, the ones who retire to Golden Gate Estates, which is the subject for this property, by and large, we don't need self-storage units. Maybe apartment dwellers do, but they're not here. That's not the folks in our area. Not the folks on 13th Street, for sure. And if you look at the bottom, these are all of the CubeSmart self-storages that are offering a month's free rent and 15 percent off on the normal price. Again, some sign -- some market sign that there is not a shortage of units here. A lot of October 10, 2023 Page 156 this is -- you know, you can -- with market studies, you can make them appear to be whatever you want them to appear, but this is -- the fact that there are people -- are CubeSmarts in town that are offering free rent and 15 percent discounts is some suggestion that there are vacancies. I called the CubeSmart on Vanderbilt Way this morning and asked them if they had vacancies, and they did, and they offered me a half month's free rent and 15 percent off. The size problem. This warehouse is massive. The average size of a CubeSmart in Collier County is 68,000 square feet. They want to build 171,000 square feet. Think about that. The average size of all of the self-storage warehouses in Collier County is 65,000 square feet. Again, they want to build one that's 171,000 feet on a residential lot. Now, here are the list of all the different storage units in Collier County. And you can see we have all the CubeSmarts added up, all of the Extra Space Storage, all of the Public Storage, all of the Lockup storage, and then the boutique storages, and they all add up to 65,000 as the average. I don't see any of them on there that are 171,000 feet. So based upon this list, this is going to be the largest storage unit in all of Collier County. Again, on a residential property? So let's look at what the size is that they're proposing. It's bigger than the Amazon distribution center, it's bigger than Naples Community Hospital, it's bigger than the Waterside Shops in Naples, and it's almost as big as the SuperTarget in North Naples. That's a lot of square footage to put on a five-acre lot. Now, let's talk about the legitimate fear of area residents as they've expressed it to me and as I have fear. The safety of their children. Yes, the developer has offered to -- or has said October 10, 2023 Page 157 that they're going to put the entrance on Collier Boulevard, and I think anyone looking at this knows that you can't have 18-wheelers, box trucks turning onto 13th Avenue where schoolchildren are waiting for their school buses, where they're getting on and off their school buses. That's just too dangerous. None of us wants to see a tragedy happen. So, yes, locating the entrance to Collier, it's a must. I don't think anyone would want to see trucks coming in and out of 13th Avenue Southwest. My concern -- and I've raised this before -- is if you do permit this development, that there may be a temptation to use the entrance on 13th for construction. And we're talking about a year, year and a half, however long it takes to build, of 18-wheelers delivering steel beams, 38-foot concrete wall slabs, turning onto 13th Avenue Southwest where all these school kids are. So at the very least, if you decide to allow them to do anything, I think there has to be a provision which bars them from using 13th Street Southwest during the construction phase for the safety of the children. Let's talk about crime. There is -- my son-in-law, who is a Houston police officer, will tell you his experience with crime in self-storage units, but let's look at just the last 90 days. They found 500,000 from a bank heist in one. They found a body in California in a storage unit; they found a body of a woman in a self-storage unit there. They found a couple living in a CubeSmart. They found a meth lab in a CubeSmart. Their fear is not unfounded. There's no doubt that self-storage units do attract crime. More importantly, they're not talking about building here one of these internal building type self-storage units. Yes, that's October 10, 2023 Page 158 part of the project. They're talking about building a lot of these one-story-tall garages where you just drive up, pull up the garage door, and back in whatever you want to back in. That's very unlike the other self-storage units around us. And the problem with that is, it does breed crime. There's no regulation of what you can bring in, what you can put in that self-storage unit. Let me tell you -- show you some of the fire problems that has. Here's -- recently in San Jose, someone was storing 38,000 pounds of fireworks which exploded and caused a major fire. Now, think about that. We're building this right up against two FP&L substations? I mean, is it smart to have this kind of a fire hazard next to an FPL substation? I don't think it is. And the concern about -- well, let's look at the other fires. This is just in the last two weeks. These are fires around the country at self-storage units. So is the concern by the residents of fire hazards legitimate? I'll give you a little story that I heard from Ms. Pat and Mr. Joe who live at the end of the street. In 2009, a small fire broke out near the front of the street, 13th, and embers caused fires towards the back end where their home was. Because most of the firefighters were fighting a fire out in the Everglades, another fire company had to come in from outside the county to help. There are no fire hydrants on that street. There's no exit on that street except 13th and Collier. They're trapped back there if there's a major fire. And they had to stand there and watch as their two-car garage and cabana in the backyard burned because there wasn't enough water to put out those fires and also protect their home. So if they're concerned about fire, they've got a legitimate reason October 10, 2023 Page 159 for that. So, again, we're putting a fire hazard -- a major fire hazard, especially one in which they're using these first-floor drive-up garages, which are hard to regulate, it's hard to determine what's in there; chemicals, lawnmowers with gasoline in them, lithium ion batteries. Whatever goes into there, you can't regulate it the same way you can if it's a stand-alone building like the one on Vanderbilt Way. Now, Shamrock has said we're going to plant trees. We're going to have all this. Here's one in Ann Arbor where Shamrock had this proposed drawing of what they were going to do. Here's what it actually looks like. Here's one in Cleveland, Ohio. This is what Shamrock said it was going to look like in their drawings. Here's what it actually looks like. And they develop these stand-alone one-story garage units, and you can see there's actually a drive-through for 18-wheelers. I don't know for a fact whether their project is going to have one of these drive-throughs for 18-wheelers, but, if so, it's a concern for us. Now, let's talk about alternative development models. Let's assume for sake of argument that no one would want to buy that model home that was resided in up till 2018. Let's assume that it has to be torn down and something new built. You could have low-density residential on the north half of the property, the one -- the part of the property closest to 13th, which would at least preserve the rural character of that street, and you could build something on the south end that's reasonable and appropriate that is also closest to the F&PL site to the south and closest to the FP&L site to the west. Let me give you some examples. If I could make this work. There we go. October 10, 2023 Page 160 For instance, you could build a preserve here against 13th Street Southwest, a retention pond there, and then build -- divide it up into one, two, three, four -- you could put five homes in there. That's one alternative. Here's another alternative. You could put in three homes here with a preserve so that the residential street has residents on it, not commercial businesses, and on the south part of the property, you could put in, like, say, a Carl's Wine Storage self-storage. There's one of them right now on Tamiami Trail that's 98,000 square feet. It would fit into that part of the property, that 2.7 acres that makes up the bottom part of the property. You could also, as an alternative, again put in residential closest to 13th, which is the residential street, and you could put in a CubeSmart just like the one at Vanderbilt Way. Vanderbilt Way has a beautiful storage unit there. It's 90,000 square feet, but it's in a stand-alone building. It doesn't have all of those one-story drive-up garages like they're proposing. You could, literally, put one on the 2.7 acres here. It's on 2.5 on Vanderbilt. You could put a 2.7-acre one here and have a 90,000-square-foot self-storage building that's not right up against 13th Avenue where the residents are concerned, and you still have fire hazards but less so, I think, because you're not going to have people tempted to store cars or lawnmowers or things like that with gasoline in them if it's a controlled building that you have to access by freight elevator. So, anyway, I wanted to point out that it's not an all-or-nothing proposition here. There are ways to develop this property where it's residential closest to 13th Avenue so that when you turn onto 13th, the residents have residences, not a commercial building, but still make use of part of the property October 10, 2023 Page 161 for commercial if that's your inclination. And, you know, they're making it work on Vanderbilt Way with a 90,000-square-foot unit. Why can't they do it here? Why do they need 171,000 feet [sic]? So I want to talk about fundamental fairness now. The residents of 13th Avenue have sacrificed for this county. This substation was built right on their street. And so, yes, they've made a sacrifice. It's for the greater good of the county. To a certain extent, it helps them, too, because if there's a hurricane, they're one of the first ones to get electricity. So that's a benefit to them, benefit to the county. But now are we going to go back and ask them to sacrifice again and have the largest warehouse in all of Collier County built on their street? That's just not fair. Now, also, let's talk about fundamental fairness to the competitors. Their competitors who built their self-storage units on commercial properties or on industrial properties, they paid a premium for those properties, and now they're asking you, as government, to give them the opportunity to get a leg up on their competition by buying cheap residential property. I've heard about landowner rights. Landowner rights are a valid concern, and they're used as a shield, not as a sword. They're a shield against overreaching government restrictions on your property. But here it's being used as a sword. Hey, I bought this property. It's residential property. I know it's residential property, but I'm buying it specifically to turn it into commercial property, and you should recognize my rights as a landowner to do that. I don't think it works that way. We don't have someone here who has tried to develop it as residential property, was unsuccessful, and came back to you and said, we've got no alternative. We have someone who October 10, 2023 Page 162 never even tried to develop it as residential. And so I'm just asking, on behalf of the folks on 13th Avenue, on behalf of my grandchildren, that you reject the proposal as it's submitted. Thank you very much for your time. MR. MILLER: Mr. Chair, your -- CHAIRMAN LoCASTRO: Sir, can I ask you a question? MR. LaGARDE: Yes, sir. CHAIRMAN LoCASTRO: Did you speak before the Planning Commission? MR. LaGARDE: I did not. I was asked after the Planning Commission to step in for fear that there would be so many different voices that we couldn't make a coherent presentation to you. CHAIRMAN LoCASTRO: I was just curious. I mean, regardless of how we vote -- MR. LaGARDE: Yes, sir. CHAIRMAN LoCASTRO: -- very informative, you know, presentation. MR. LaGARDE: Appreciate that. MR. MILLER: Mr. Chair, your next speaker is going to be on Zoom, Mike Ryan, and then he will be followed here in the room by Gloria Marques. Mr. Ryan, you should be getting prompted to unmute yourself, if you'll do so at this time. Mr. Ryan? Mike Ryan? All right. Zoom people, let's make a swift one here. Let's try Yesenia Sanchez. Yesenia Sanchez, you're being prompted to unmute yourself, if you'll do so at this time. MS. SANCHEZ: Hi. I was just wanting -- good afternoon, Commissioners. I was just wanting to be present for today. I did not want to speak. October 10, 2023 Page 163 MR. MILLER: All right, then. And that concludes all of our people online for this item, so we'll go back here in the room to Gloria Marques, and she will be followed by Shirley, is it, Lytwyn? MS. LYTWYN: Lytwyn. MR. MILLER: Lytwyn. All right. Let me get -- CHAIRMAN LoCASTRO: How many do we have, Mr. Miller, in the room? MR. MILLER: Hold on one second, Mr. Chair. I need to get this young lady's PowerPoint ready for her. CHAIRMAN LoCASTRO: Eighteen or 20? MR. MILLER: We have -- it's three more groups here in the room. CHAIRMAN LoCASTRO: You know, just a reminder, if you feel like what you were about to say has just been said, then you can just wave your hand and yield your time or, you know, you're free to come to the podium. Ma'am. MS. MARQUES: Thank you for your time. MR. MILLER: Oh, I'm sorry. Hold on. Before she begins, I need to call off the people that have ceded time to her. Cynthia Gray? (Raises hand.) MR. MILLER: Thank you. Bruce Gray? (No response.) MR. MILLER: Do I have the name right? Oh, Bruce Golly. I'm sorry. (Raises hand.) MR. MILLER: Oh, back there. Thank you. Claudia Giana. MS. MARQUES: Gone. October 10, 2023 Page 164 MR. MILLER: Gone. Oh, she's not here? MS. MARQUES: She's gone. MR. MILLER: Okay. Cynthia Gray? MS. MARQUES: Yeah. MS. GRAY: You already -- MR. MILLER: Oh, we already called you. Okay. We have some duplicates. And Elaine Borg. (Raises hand.) MR. MILLER: Okay. So that's actually a total of four, so you'll have 12 minutes, Gloria. MS. MARQUES: Okay, I'm going to try to go fast. MR. MILLER: Please don't go too awfully fast. She has to take down every word you say. MS. MARQUES: Okay. Just to tell you that the project that they are presenting is against the Goal No. 1 to the compatibility -- compatible land of uses. They (unintelligible) to provide basic service, taking care of the natural resources, and health and safety for the local residents. I'm going to be fast. This is the fire and storage facilities increasing in approximately four fires per day, and all of them occur most of the time between 6 p.m. and 6 a.m. in the morning. (A video was played as follows:) Learning that the huge fire that destroyed a storage facility in Mesa was likely caused by humans. But one of the renters says she's pretty sure people started this fire. Whether by accident or not, we don't know. Today it appears Mesa Fire agrees. Up in fire and smoke, on December (unintelligible) at Public Storage in Mesa. Medical indicates to her that the blaze was human caused, something she has suspected all October 10, 2023 Page 165 along, she says, because she believed that people were living in the units. And St. Pete fire rescue crews are on the scene. They're currently working a two-alarm fire at a storage building. You can see the roof burned right there with smoke billowing out. This is 22nd Avenue North, 25th Street North. This is from Skyling (phonetic). Again, this is at a storage facility, and it's unclear at this point what sparked this fire. Early morning fire destroys part of a Frankfort Avenue business. Crews were on the scene today for hours at A1 Self-storage in Clifton. The call came in about 3:45 this morning. A whole row of units was destroyed -- all morning long. A fire at a Miami Garden storage facility is finally out after firefighters spent hours trying to put out that blaze. Julie Bag has been on the scene since -- Let me show you part of what made it so difficult for firefighters to fight this fire. Look at the series of holes in the cement wall. That's where crews had to pound through there, reaching the source of the fire, and you can see what's just beyond the wall, all of that content, so much of it, making it even harder for firefighters to put those flames out. Flames popping through the roof of a storage facility just off the Palmetto Expressway and Northwest 37th Avenue right behind Sophia Henderson's house. Well, it was frightening because it could have jumped to my house, you know, the backyard. Firefighters say the flames broke out just before October 10, 2023 Page 166 5:40 a.m. -- the flames, which spread to multiple storage units. Firefighters arrived to find smoke and other indications of fire coming from one of the units, began the fire attack, which proved to be difficult based on the layout in the particular section of the storage facility as well as the amount of stuff contained within these storage units. Now, the last -- a huge fire broke out at a storage, and it was what may have been burning -- Firefighters surrounded the Public Storage building on Blossom Hill Road at Codle (phonetic), sprang water from all sides and over on the top but the -- So they set up defensive -- has no answers. We have no idea what's in storage units, so the crews are conducting defensive operations and -- Rockford firefighters are finishing up at the scene of a fire, a storage facility on Rockford's northwest side, and several fire departments were called to the scene, and there was concern about this, inflammable oils and other chemicals found in the storage unit. (Unintelligible.) Well, right now we're getting a better look at the damage and Rook E. Charlotte storage facility that caught fire this morning. We've been bringing you those life updates all morning at the facility on University City Boulevard. Crews from several fire stations were called in to get it under control. All this breaking news out of Bessemer this morning. What you're looking at here, a fire in storage unit complex in Bessemer. This is the Metro Mini Storage located on 18th Street North. We understand from a manager there on the scene saying that 42 units have been affected by this. October 10, 2023 Page 167 Now, the fire chief says the first call when this fire came in just before 10:00 this morning but it -- Brisley (phonetic) adding to a missing person case after the body of a woman is found inside a storage unit. A body has been found -- (The video concluded.) MS. MARQUES: Why I am putting those examples here is because all of those storage units at 70,000 square feet. So we are going to be in the double of risk of those people. This is inconsistent with the predominant land of uses. This is in 2019. This is 2020. We have -- we didn't have the power station there. So the FPL, they decide -- they decide to make an extension, so they make this extension here. So this is our contribution for the city, and we have enough now. Relationship between the roads, between the service that we have in the neighbor [sic] is really important, and we need to consider that we don't have exit, and we cannot put a lot of things in this (unintelligible) because it's going to be in a conflict point. According to the Collier County community corrective plan, they want to create neighbors with a lot of connection, and they are no (unintelligible) that we have to do something like industrial and any other kinds of things like that. This -- the section is residential, as you see. The green zone here means that they are residents, so they are residents around the -- along to Collier County -- Collier Boulevard, and we understand that we have some subdistricts, that they are commercial. They adding the intersection on main roads: Vanderbilt, Pine Ridge Road, Collier -- Immokalee Road, and here we have some subdistricts, too, but we don't have connection in the 13th Avenue. So this is not the place October 10, 2023 Page 168 for -- put in a subdistrict in this place because we don't have a connective road. And we have traffic conflicts points now, and we have a lot of conflicts here. We have conflicts for cross conflict, merge conflicts, and diverge conflicts here, and we have just -- actually, we have a lot of problems trying to get -- to go to the lane. See, we have lane A, B and C. So we have a lot of merge conflicts. They are considered minor conflicts. But we have merger conflicts here in the 13th Avenue. So they want to place the same thing because they want to put an access to the storage unit this way. So we are going to have the double traffic conflicts there. So this is in a conflict point. This is not really something that I want to do. Lane amount, all the time, is moving. They never stop. This is North Collier, and they are coming over there. We have to do something like that I'm going to show you. This is the thing that we have to do every day to try to get -- we have two buses stop there. So this is -- we have to take -- if we want to go North Collier, we have to do a U-turn at the Green Boulevard, and it's too hard to do it. As Rachel say, we have five storage units three miles from 13th Avenue. So it's too much. We have five in three miles for our street. So we don't need more. It's enough with the electric power station. Electric power station is on a basis -- in a basic service or not a power station -- I'm sorry -- no storage units. Massive construction. I make an animation what they want to do. No windows, no nothing, but this is the thing that they are proposing to ask is -- is on a scale, just three floors and a lot of units. This is the lot. This is the area that they have for the two October 10, 2023 Page 169 lots, and they want to be 171,000 square feet. If you accept that, they can -- they can build 1,200 units. The more popular units for the storage are 10-by-10 or 10-by-20. So they can put a lot of storage units there. I discount the circulation, I discount everything, but we have to consider that they are -- they are (unintelligible) the lot in 70 percent, but they need more areas in concrete. They need the parking, the area for loading, they need to be (unintelligible) the interior, they need area for parking the office, the area for vehicles. They need a lot of area that is going to be free, but it's in concrete. So the total area in concrete is going to be 1,094 square feet all of concrete. This is a big amount of units that they can make there, so they are going to increase our traffic in 90 percent. They say that it's only 26 cars every day for the storage units. I don't think so, because we have 60 families there. Two cars for family is going to be 120 cars that they are moving, and for the storage unit, it just -- just we can say that they are going to the storage unit for three times per month, so they increase the traffic in 40 cars -- sorry -- in 118 cars daily. And we have the cars for (unintelligible), on deliveries, maintenance. So even if they put the entrance in the -- on the Collier, it's going to be in a big trouble for us. It's interesting that when we have here the petition, they use that it says mini, mini and service storage. It's -- I see is the code. It's standard industrial classification. And I completely agree. For me, it's this is not commercial. This is completely industrial. Low density, for sure, it is not low density. Low density, if you put more than 70 percent of the lot, it's not low density, and even in three floors, so it's not low density. October 10, 2023 Page 170 This is the community that we want to do, just -- this is our neighbor, and (unintelligible) is not going to be fine for that. Some ideas to place over there, that we have to explore it. But, anyway, just -- we don't want that. I'm not agree with the -- with the store -- self-storage unit because I consider that it's not compatible with a residential use. Thank you. MR. MILLER: Your next speaker is Shirley Lytwyn. She'll be followed by Patricia Lertch. Ms. Lytwyn has been ceded additional time from Peter Lytwyn. (Raises hand.) MR. MILLER: I see Peter there letting his wife out. So she'll have a total of six minutes. MS. LYTWYN: Can you post the pictures of the flooding on the street. Did you get the little thing? Or maybe not. Oh, you got it. So I got, like, nine photos of flooding. I live at the beginning of the street. MR. MILLER: Ma'am, you'll have to wait till -- your comments till you get on microphone. MS. LYTWYN: Oh, sorry. CHAIRMAN LoCASTRO: Ready, Mr. Miller? MR. MILLER: It's going to take me a couple seconds to get these slides ready for her, sir. If you can give me just a second here. CHAIRMAN LoCASTRO: Okay. MR. MILLER: One more second, sir. All right. MS. LYTWYN: I live on 4131 13th Avenue Southwest. I'm the third house on the right. I've lived here for 34 years, and I'm also a realtor on top of that. So today, these are -- this is what's happened right after a October 10, 2023 Page 171 hurricane, Hurricane Irma and Hurricane Ian. So these are -- these are some of the photos here. It's unreal. MR. MILLER: And that was the final picture. MS. LYTWYN: I think that was it. So we fear that all this hardscape that's going to come with this building is going to cause us more problems, because any excess water is going to flow west towards us. We spoke with the engineer to the county, and he told us that. He said, there's going to be a berm and everything, but the excess is going to flow. Don't you think we have enough water here? So, anyway. Thank you for the photos. This was mentioned before, that Parker Tree Service lived there. He lived there around, you know, September 2017; that was Hurricane Irma. And Noel Davies said that no one has lived there for 15 years. This is not correct. Parker Tree Service lived there for two or three years, so... Let's see. Larry Brooks died in October 2019. He was the owner of this property, and his son sold his property to Matthew Maloney, a limited liability corporation, in November of 2021. Matthew and Michael Maloney work at Premiere Plus Realty. According to Mike's biography on NABOR, he has built and developed some major real estate projects. Mike has a very strong network of attorneys. Greg O'Herren, the builder, boasted at our first meeting, to Pat, and she said that -- he said this will pass; we have lawyers. Matthew Maloney, he became this manager of 4050 13th Avenue Southwest, limited liability company. He submitted a property disclosure proposal form on February 2nd that you have in front of you. Matthew failed to disclose that he was a realtor, that Eric Johnson was the chief financial officer of October 10, 2023 Page 172 Peluso Movers. A person who hides nothing has nothing to hide. I got this from another realtor. Eric Johnson is -- well, Eric Johnson is part owner of this property. My friend told me that Eric Johnson is the chief financial officer of Peluso Moving & Storage and an agent for United Van Lines. He said that he was probably going to use most of this storage building for himself. He said that he just moved a friend of his, and he needs more storage. I told Noel Davies outside here, I said, Noel, I'm aware that Eric Johnson is part owner here, and Noel said, it's a limited liability company, and left. At the planning meeting, I brought it to the planners, and they talked to Noel about it, and he said he's a human. He can't even mention his name. I'm so tired of the lies; I am. Anyway, I told this to the planners. They voted 3-3. And these were the contingencies: United Van Lines could not control most of these storage units, and add a shelter for the kids. Thank you for your time. Thank you. MR. MILLER: Your next speaker is Pat Lertch, and she will be -- oh, well, hold on a minute. Pat, I'm having trouble finding your PowerPoint here. Give me just a second. MS. LERTCH: Sure. MR. MILLER: No, that's not it. That's the right one, isn't it, Pat? Is that the right PowerPoint? MS. LERTCH: No. It's 4050. I know we had it in really good yesterday. MR. MILLER: Yes. And that's not -- is that it? No. MS. LERTCH: Yes, it looks like it. MR. MILLER: Oh, is that it? October 10, 2023 Page 173 MS. LERTCH: No, that's not it. It's got the big letters 4050. MR. MILLER: Yeah, I -- somehow it's not there. Do you have your thumb drive? MS. LERTCH: I do. MR. MILLER: I'm sorry, Mr. Commissioner. I don't know what happened to this. MS. LERTCH: I should have taken it out when I got up. It's right here. CHAIRMAN LoCASTRO: I haven't eaten all day, if you find anything in there, quarter pounder with cheese, burrito, you know, candy bar, hard candy, anything. MS. LERTCH: You know what I'm going to do? I'm going to give him my pocketbook. I don't mean to do that. And while you're looking, I'll be talking. COMMISSIONER HALL: Don't get snake bit. MR. MILLER: Thank you, Commissioner. COMMISSIONER McDANIEL: The scary part is he has the nerve to stick his hand in a woman's pocketbook. MS. LERTCH: He is a sweetheart. He really is. COMMISSIONER McDANIEL: That's like a major league no. That's Rule 101; never do that. MS. LERTCH: Okay. Wait a minute. Hold on. There goes my cards. There goes everything. Here it is, hold on. Right in here. COMMISSIONER McDANIEL: There we go. (Applause.) MS. LERTCH: What a way to make an entrance. COMMISSIONER McDANIEL: Wow. CHAIRMAN LoCASTRO: Now, we're counting on this presentation to be, like, fabulous, fabulous; slides, movies, you October 10, 2023 Page 174 know, all kinds of things. MS. LERTCH: It looks like a mess right now. COMMISSIONER McDANIEL: She gets a gold star just for doing that. MS. LERTCH: My pocketbook -- I just changed pocketbooks. It shouldn't look like this. CHAIRMAN LoCASTRO: I'll just tell you this young lady has burned more shoe leather in this building in all of our offices with -- MS. LERTCH: You didn't know I put a bill in for new shoes. MR. MILLER: Pat, let me read off these names of people who ceded time to you real quick. MS. LeBEAU: Sure. MR. MILLER: I'm so sorry. Darlene Muszynski? (Raises hand.) MR. MILLER: Thank you. Modelyne Jean -- I can't make out the last name. Is it -- MS. LERTCH: Okay. It's Modelyne -- MR. MILLER: Modelyne Jean Giles. MS. LERTCH: Giles, but she had to go pick up her children. MR. MILLER: Okay. Hagen Rugrig? (Raises hand.) COMMISSIONER McDANIEL: Hagen's here. MR. MILLER: Sorry, I missed you. Wow. Is this Ami Loaner or Ari Loaner? MS. LeBEAU: She had to leave and go get her children. MR. MILLER: Okay. Joe Lertch. He better be here. MS. LERTCH: Put your hand up. October 10, 2023 Page 175 MR. MILLER: Mary Klein? (Raises hand.) MR. MILLER: Mary Klein, okay. I've got Mary. All right, Pat, that takes us down to five people, so that will be 15 minutes. MS. LERTCH: Okay. Thank you. MR. MILLER: You're quite welcome. MS. LERTCH: Okay. I put up this -- I want to do, really, three things. I want to talk about our Golden Gate Area Master Plan, how important that is, and I want to talk about, really, the main important things to me. I wanted to do the PowerPoint, but I know it's been covered, and I gave that to Troy Miller yesterday. But I want to talk about Modelyne, Modelyne Jean Giles, because she's our number [sic]. Let's go through this PowerPoint really fast. You all know the history of the Golden Gate Area Master Plan, and you can see there. I mean, I don't think I have to read every item, but you can know what -- no, it's important. Let's read it. Okay. Golden Gate. Board of Commissioners adopted the county's comprehensive Growth Management Plan on January the 10th, 1989, and they just updated it in January -- I've got it here. It was updated February the 20th, 2023. So that's been updated, and I am so glad it is because that is so important. That is what's really saving us. So we've got this. You know what it is. You all have been there in the thing. So let's skip to the next one. And now I -- listen, I have to apologize. I went ahead and put a picture in of our commissioner, Rick LoCastro. Happened to take it out of his newsletter because it was like a -- he's going up for, you know, election. So his election one, October 10, 2023 Page 176 and I thought, well, I wasn't "electoring" or trying to do election things for him, but -- so anyway, I took that. We got that out. But I like his letter, and I've got to read this. In Rick LoCastro's newsletter dated April the 25th, 2022, he spoke about the abundance of self-storage warehouses having been built on East 41 in his district and said in the second paragraph, we continue to approve steps to ensure the progress and finality of this analysis, which will ensure, going forward, we have established stronger criteria for design and construction, much like the Golden Gate Master Plan, which has often protected areas of that district/community from haphazard construction, unneeded, unwanted commercial buildings, and which gives citizens that much more voice when it comes to things being added to their community. So, too, will this U.S. [sic] overlay plan do for District 1. So he had an overlay plan for that. So in other words, Rick -- Commissioner Rick LoCastro wanted to make policy in his District 1 as strong as we have the policy in District 3. And this is really beautiful. Now, what I'm looking at and what you're looking at is the land, the land. The house is to the left. So the Estates -- and I'll go ahead and try to stay on script. It said, the Estates designation is characterized by low density, semirural residential lots with limited opportunities for other land use. And Goal 2 from our Golden Gate Area Master Plan, serving the needs of Collier County Estates residents. We do not need one. If we needed one, we would have had one, and that is how we feel. We don't need it. So why are you forcing this on us? And they keep telling us we need it. We keep telling them we don't need it, or we would have one. And Goal 3 is preserving rural character, to preserve the area rural character as defined by large wooded lots, the keeping October 10, 2023 Page 177 of livestock, the ability to grow crops, wildlife activity, environmental stewardship, low-density residential development, and limitations on commercial and conditional uses. That is what it's all about. Now, here's a picture when the house looked beautiful, and it still does look beautiful. And I'll tell you, it's a piece of property that you could be coming down the street, and when you get to the electric power plant, you have an uneasiness about yourself, but you get to this property and there is a calmness. There is a peace there. This -- you could stand out in the sidewalk and walk in the backyard, and it's peaceful. You don't even hear all that traffic. This all buffers out all the noise. This is the -- this is the house as it stands today. It's from neglect, and that is so sad when housing is so important and needed. Now, for this self-service 175 -- 171,500 square feet warehouse, is it going to be like this? Because all we're getting is pictures that show us -- and I have them here -- it shows us just nothing but woods and trees and shrubs and grass. And when John Boutwell, our neighbor, who went ahead and was on the board of the Golden Gate Area Master Plan, read what was going on, he said, it's going to be four acres of concrete, and every shrub and tree and grass will be removed, and we're going to have nothing but concrete. And when I look at this slide right here, it said, down at the bottom, last paragraph, 10 other sites available. Why 13th Avenue? And it said the developer identified 10 other sites within a three-mile radius that could be developed into self-storage. Eight of them already are zoned commercial and in more industrial locations. Because the lot at 4050 13th Avenue Southwest is zoned single-family residential, it was October 10, 2023 Page 178 cheaper for the developer than paying [sic] a premium commercially zoned lot. Don't let developers cheat us and our zoning laws. Contact your representatives. Anyway, next one. CHAIRMAN LoCASTRO: Can you go back one slide. Now I know why Commissioner Hall and Commissioner Kowal didn't get any emails, because it has Penny Taylor on there, who's long gone, and I don't see Commissioner Kowal or Commissioner Hall. So I know Commissioner McDaniel and myself and, obviously, Commissioner Saunders were getting overwhelmed by plenty of emails, and these guys were getting off scot-free. Now I know why. COMMISSIONER HALL: Never question a man's strategy. CHAIRMAN LoCASTRO: Right. I don't know how you pulled that off. MS. LERTCH: They're new, and they're just learning, yep. Okay. Anyway. Babes in the swimming pool. This is the house that 4013 is [sic], and you know what it looks like. You know how beautiful it was. And with neglect, it's sad. Let's go to the next one. Now, the planners and developers are saying no one would want to live on this land because of the Florida Power & Light, and I think we've already proved it with our dear friend. I hope you don't mind me calling you friend. MR. LaGARDE: Sure. Of course, of course. MS. LERTCH: Dear friend, okay, Richard LaGrade, okay. He already showed you this, so let's keep skipping to the next one. And we can skip. And this is a comparison of the square feet. We already did this. And then, now, I'm coming to this plot of land. If October 10, 2023 Page 179 you see -- it's on Collier County [sic]. And I'm wondering, right now, the way the situation is with three lanes of traffic -- and I went ahead and did a traffic survey on April the 12th of 2023 from 6 to 9, and I've got the traffic count in one lane alone closest to the land, and that was 6,317 vehicles were on that -- on that survey. Now, when -- I just got a phone call recently and said, you know, well, they went ahead and did another survey and did some counting on the land, and it was 33,260-something, and I said, boy, that's a lot of -- that's a lot of vehicles. And then when I went and looked at the one I did in one lane, which was 6,313 [sic], multiply that by the six lanes, there you get your 36 [sic] number. So it's all, like, in there. Okay. Next one. Now, this is the woods. This is the woods which has got the entryway where they're going to be coming in. You saw the plan. You saw where they're coming in. This is where they're going to come in. And look at that -- shrubs there. Look at those trees. It all has to come out. All our place -- all our low density, it's supposed to be, all the low impact they're saying about it, and all the -- you know, everything, intensity, impact, low development. That is not going to be low density, low impact, or anything when they're having to take all the shrubs out. We live in shrubs. We live in trees. We live in everything that is outdoors, and it's beautiful. And, this is all coming out, and that building's going to stand out, stake it -- staked naked to the eye. It's even going to expose all the power plants that are there behind it. Okay. The next one, please. And there you can see that blue arrow. That's where they're going to get in. And how in the world are they going to October 10, 2023 Page 180 get in in Collier Boulevard with all the trucks, as Richard LaGarde has said? You're going to have bulldozers, all of that. Okay. Now, I want to mention one thing. I just wanted to go over this. And this is the Florida -- your plan, Golden Gate Area Master Plan. And it -- two, it says we don't need to do -- and we don't want it. We went over that, covered that. And now I have a picture here I want to give you, and could I somehow -- do you have a visual-wise that I could -- MR. MILLER: Right there. What are you doing? One more time. There you go. MS. PATTERSON: I'm watching my screen. MS. LERTCH: If you will look at this house and you see the drive in, right across the street, 18 feet, 8 inches, is where the drive is to where they're building this warehouse. This house, there is a mother and father, grandmother, and four children, ranging in age from high school down to kindergarten. And she also is a doctor, her husband is a doctor, and they're working seven on and seven off, seven days a week. They -- that's their sleeping quarters, where they sleep. The hours of the power -- hours of warehouse was going to be 7 to -- 7 to 9, then it went up to 7 to 10. Now it's 6 to 10. And they're going to be open 7 days a week, 16 hours a day. You figure how many days that place is going to be open. Oh, they said, oh, well, they'll be closed, and -- it's still going to be open after it's closed after 10:00. People are going to be coming. They'll have their card to get in. And there, they're going to hear all this noise. This is residential. This is not commercial. So why should somebody come in that is commercial and disturb our residential? Now, I was at meetings yesterday, and we were told, but October 10, 2023 Page 181 they have a right. They have a right. And I thought, they have a right? And I'm coming home. They have a right? And I thought, don't we have a right? And I kept saying that all night: Don't we have a right? And this morning, this morning in my mind -- and I know who it was -- said, they don't have a right. They knew the property was Golden Gate Area Master Plan Residential Estate. They knew that and, yet, they still bought it. They bought it because it was cheaper. So they know what they're doing, and now they're trying to force it onto us that we need a 171,500-square-feet warehouse? They're forcing it onto us that -- they say, oh, it's going to be low density. It's going to be low key. You need it. Everything's going to be fine, and we're doing this. We're going to have an internal drive-in. It's all supposed to be underneath there. You won't know it. You won't -- well, I'll tell you what, we will know it because it's going to be busy and noisy even trying to build it. And these people have to sleep. Their other businesses are only open about one day, maybe they're open -- I mean, they're closed one day. Maybe two days they're closed. But this business is going to be open day and night. Nobody's going to stop it from coming. And these people are trying to live, make a life for themselves and working hard, and we're going to allow that to happen? This needs to be turned down. They can sell the property. They paid 375,000 for the property, and it's worth 450,000 now. They could sell it, and they could go elsewhere. You need warehouses out over -- east of Collier Boulevard. Let them go out there. It's not that they lost anything. We would be losing. So they have a problem; we don't. We do have a problem if it's okayed. So we're asking you that we could say this -- can we put October 10, 2023 Page 182 this one on? That's what we're asking. It's not much. It's not costing them anything, but it's costing us our life. It's costing us our livelihood. It's costing us our way of life, and that would be really coming in upon us and be detrimental, and we don't want that. And I thank you for listening to me and the nonsensical things that are going up here. MR. MILLER: Mr. Chairman, your final registered speaker is Andrew Blitch. He's been ceded additional time from Angelique Blitch, who I believe is right there. CHAIRMAN LoCASTRO: Pat? Pat? COMMISSIONER McDANIEL: What's your last name? CHAIRMAN LoCASTRO: Pat. MR. MILLER: Lertch. CHAIRMAN LoCASTRO: What's your last name? MS. LERTCH: Lertch. CHAIRMAN LoCASTRO: Lertch. COMMISSIONER McDANIEL: That's the reason. MS. LERTCH: I won't leave you in the lurch. COMMISSIONER McDANIEL: That's the reason she was -- I couldn't figure out why you were yelling at Joe, but now I know. MR. MILLER: Also, Randy Blitch who, yes, is back there. (Raises hand.) MR. MILLER: Dustin Espinosa? (Raises hand.) MR. MILLER: Brooke Beardsley? (Raises hand.) MR. MILLER: Over there. Thank you. And Jaclyn Adams? October 10, 2023 Page 183 (Raises hand.) MR. MILLER: Yes. So that is a total of, I believe it's six speakers. So you will have a total of 18 minutes, sir. CHAIRMAN LoCASTRO: Terri, just strike from the record that Pat said she wants all the storage units east of Collier Boulevard, okay? Pat, that's now in my district, okay. So easy on that. We take them one at a time. Sir. MR. BLITCH: Good afternoon, Commissioners. I apologize, I don't have a PowerPoint today. I feel a little inadequate. My name is Andrew Blitch. I was born on 13th Avenue Southwest, and I am now a resident on 13th Avenue Southwest. 13th Avenue Southwest is where I chose to raise my family. I'm not a NIMBY. There are actual exceptional reasons why this project should not be approved. I am a former police officer, and now I'm a current small business owner here in Naples. The developer has spoken about how he has given us several concessions to the neighborhood already, and I'd like to speak about those concessions and also the concessions that they have refused to give. Their main concessions that they are touting is moving the driveway off of 13th and onto Collier and also adding the bus stop on 13th Avenue. The reason this was done is because I brought it up last year at the neighborhood information meeting. I pointed out how the children's lives would be in danger if they were standing at the corner waiting for the school bus and a large moving truck were to turn onto 13th Avenue. Soon after that neighborhood information meeting, Mr. Davies and Mr. Vanasse reached out to me to talk. I October 10, 2023 Page 184 invited them into my place of business, and we had a meeting in my office. They acknowledged that there was a danger to the kids, and they were going to try to move the driveway onto Collier Boulevard. They stated that they may have trouble with the county staff approving it, and at the time they did; however, it appears now that the county staff also agrees with the danger that this imposed to the children and has since also agreed to move the driveway onto Collier. I do not consider this a concession. Making a change to ensure a child isn't killed by one of their moving trucks is an obvious given that they had to do; it had to be done. It is in their own self-interest for liability reasons. There wasn't any way around it. They should have realized this in their initial plans. The developer shouldn't be bragging about how they made this change for us and also telling us how much more money it will cost them to make this change. This obviously had to be done and shouldn't even be considered a concession. The developer also is stating that they gave another concession by adding the covered bus stop and parking area. While this is considerate on their part, it was never something that any of the neighbors ever asked them to do. It should also not be considered a concession because it didn't address any of the real issues that the neighbors brought up to them. The Planning Commission met about this issue about five months ago and, thankfully, they did not vote to approve this project. They saw how ridiculous it was to put a building larger than a SuperTarget in the Estates on a residential lot, and I'm hoping that you do as well. Soon after the meeting, the Collier County Planning Commission meeting, I reached out to Mr. Davies and October 10, 2023 Page 185 Mr. Vanasse by email. I sent them an email acknowledging that this still may pass, and I asked for several real concessions that they consider in order to make this project less offensive to our neighborhood and the Estates as a whole, and here are the things that I asked for. The first thing I asked is to have manned security on patrol overnight while the employees are not there and to have employees there during all hours of the day when they are open for tenants to be -- to have access to it. Currently, their plan is to allow access to their tenants during early morning and late evening hours while there is no employees on site. As I mentioned before, I was a police officer in Texas for seven years. During my time there, I dealt with hundreds of break-ins to storage units. Other times I had to deal with tenants doing illegal acts inside their own storage units. Having security and employees there at all times would help prevent tenants from having unsupervised access and prevent criminals from breaking into the units. That's one of -- that's the first thing I asked them to do. The second thing I asked them to do was to choose a different brand to manage the property. CubeSmart is known industry-wide for being a low-quality, low-price, low-security self-storage provider. This is Naples, Florida. We don't have to settle for the lowest-end brand. We should have higher-end brands operating here, especially since they are putting it in a -- they are putting it in a residential neighborhood. So I asked them -- the second thing I asked them was to change the brand. The third thing I asked them was instead of low-quality self-storage, build a luxury self-storage, like wine storage or luxury car storage. There are several of these types of buildings and facilities already here in Naples, and they are all able to be October 10, 2023 Page 186 profitable, and they're much smaller. Again, this is Naples. Luxury storage will work here. The fourth thing I asked them was to change the look of the building. The current renderings show the typical industrial look with a red roof. Change the design so it doesn't look so offensive and industrial. Because it is being built in a residential area right next to houses, it should have a more residential look to it. If you look at the new commercial buildings in Downtown Naples, for example, they have managed to achieve a more palatable look to them. This developer could do the same. The fifth thing I asked them to do was I asked for no drive-up exterior units. As a police officer investigating all the crimes that happen at the storage units, almost all of them were the drive-up units. A burglar can drive up -- their car right up to the storage unit, and they won't have to walk very far at all. They prefer drive-ups because they like to work fast. Interior units don't offer the luxury of a faster break-in and getaway. The newer high-end storage units that you see being built nowadays are almost always interior-only units. You don't see many drive-up units being built anymore. Why go back in time and build unsafe units when the market has already proven that interior units -- interior-only units are safer and more profitable? The sixth thing I asked them in the email was I asked them to create a much larger buffer of at least 250 feet and add much more landscaping than is currently proposed. Also, the trees -- I asked them if they could be larger at the time of planting. Currently, their tallest trees at the time of planting are only 10 feet. Those will not hide a massive building. Taller and more dense trees and plants will help hide the building and be October 10, 2023 Page 187 less offensive to us neighbors. The seventh thing I asked them to do, and it's the most important thing, I think, is to reduce the square footage to a normal size storage unit. Currently, the largest storage unit in Collier County is 130,000 square feet, and it's on 11 acres in an industrial area. This one is 170,000 square feet on five acres in a residential area. There is a newer storage unit on Vanderbilt just west of Collier behind the Winn-Dixie. Mr. LaGarde mentioned it earlier. It's interior units only, and it's around 90,000 square feet. I asked him to build something like that. Most storage units in Collier are smaller than 100,000 square feet, and they are able to make a profit. It is not unreasonable to ask that they reduce the size to under 100,000 square feet given that it is being built on a relatively small lot in a residential neighborhood. After I sent this email, they replied back that they wanted to have a sitdown meeting with me. About a month later, I met them at their office. At the meeting, they told me that in regards to the manned security, 24 hours, and the landscaping, that they'd have to talk to their developer about it, but they couldn't make any promises there at the meeting, and I haven't heard anything since about those two issues either. In regards to the buffer being larger, they said no. In regards to eliminating the drive-up exterior units, they said no. In regards to changing the looks of the building to a more residential look, they said no. In regards to creating a luxury storage facility like a wine storage or exotic cars, they said no. In regards to dropping CubeSmart and having a higher-end management company, they said no. In regards to reducing the square footage to a normal-sized storage building, they said no. October 10, 2023 Page 188 I then asked them if they would consider any reduction in size at all. They said no. Since the meeting, they reduced it from 174- to 171-, full disclosure, but they told me no at the time. I don't understand what the point of the meeting was that they called. They could have just replied back to my email with a simple no. Anyway, the concessions that they have said that they offered weren't very serious concessions, and when I presented real concessions that would actually be more palatable for the neighborhood, they said no. The developer's argument that the FPL station has rendered the land useless is not true. Mr. LaGarde pointed that out earlier. There are numerous other FPL stations throughout Collier, and there are very expensive homes right next to them. I've also heard the argument for property rights brought up as well. I own property on 13th. If I asked all you commissioners to rezone my property for a self-storage unit, you would unanimously tell me no, and rightfully so. And they don't even own the property as of today, so they don't have any rights. For the reasons that you would tell me no should be the same reasons you can tell them no. Their lot is a residential lot with a house on it; so is mine. If my property rights don't allow me to rezone for commercial use, then neither should theirs. The fact that their property is next to FPL and on Collier doesn't all of a sudden give them special rights that the rest of us don't have for our own property. The house that is currently there was lived in, as mentioned before, by Mr. Parker, until about 2018. He rented the house out until he passed away, and then the trust fund that owns it decided not to list it for rent anymore. They, instead, chose to October 10, 2023 Page 189 sell it, but they didn't list it on MLS. They chose LoopNet and listed it as a commercial lot. They didn't even try to list it as a house. Had they done so, it definitely would have sold. The last thing I would like to speak about is the Golden Gate Area Master Plan. I read it in its entirety, and I've looked at the map. There are currently no storage facilities operating within the bounds -- boundaries of the Estates. There are also no large industrial buildings either. The reason these don't currently exist is because the Golden Gate Area Master Plan does not allow those types of buildings. If you look at the Estates map, the only commercial you see currently is zoned C-1 through C-3: Grocery stores, doctors' offices, dentists, gas stations, churches, schools, strip centers. This project would be the first C-5 or industrial-zoned projects in the Estates. This storage unit would be out of character for the Golden Gate Area Master Plan. If this is allowed, it would set a new precedent in the Estates for large industrial buildings, and I fear that more would then pop up as a result of this one being allowed. Here are just a few goals and policies of the Golden Gate Master Plan that this violates: Goal 2 states, to provide for the limited commercial services and conditional uses for purposes of serving the rural needs of the Golden Gate Estates residents and preserving the rural character. Let me repeat: To provide for the limited commercial services and conditional uses for purposes of serving the residents of Golden Gate Estates. The Estates residents don't need storage units. All of them have large lots and most with their own storage buildings on the property. This storage unit would only serve people outside of the Estates, so it violates Goal 2. Goal 3 of the Golden Gates Area Master Plan states, to October 10, 2023 Page 190 preserve the area's rural character as defined by large wooded lots, the keeping of livestock, the ability to grow crops, wildlife activity, environmental stewardship, low-density residential development, and limitations on commercial uses. Limitations on commercial uses. A building that is 175 -- 170,000 square feet, industrial building right next to houses, doesn't exactly preserve the rural character of the Estates and goes against the entirety of Goal 3. A little further down in the master plan, Policy 3.2.3 states, the rural character shall further be protected by resisting site-specific master plan changes that are out of scale or character with the rural quality of the Urban Golden Gate Estates. Again, it resists site-specific master plan changes that are out of the scale or character with the rural quality of the Estates. I think that one's pretty clear. We cannot ignore the Golden Gate Area Master Plan, and allowing this project to continue would be in violation of several policies and goals of the plan. Let's not throw out the master plan for a CubeSmart built by an out-of-state developer. Because of this ridiculous -- of the ridiculous size of this unit, because of the developer's refusal to negotiate and agree to any serious concessions, and because of all the violations with the Golden Gate Area Master Plan, I and the rest of the Estates community ask that you vote no on this monstrous project. Thank you. MR. MILLER: Mr. Chairman, that was our final speaker on this item. CHAIRMAN LoCASTRO: Okay. I mean, normally we would take a break here at 3:45. I don't know how deep we are into -- I mean, we've heard from all the speakers. Do you want October 10, 2023 Page 191 to press and continue -- I don't know if we've got conflicting discussion here. Commissioner Saunders, let me turn it over to you, sir, just to lead us off. COMMISSIONER SAUNDERS: Obviously the petitioner has an opportunity to rebut some of that, and that may be appropriate first, and then I'd like to jump in. CHAIRMAN LoCASTRO: Sounds good. Okay. Mr. Davies. MR. DAVIES: Thank you, Mr. Chairman. A number of items to go through here on rebuttal. Start with the residential-use comments. So to clarify for the record, we are not the current property owner. We're the contract purchaser. We don't have obligations to market the property. We wouldn't have the right to do that since we don't own the property. We do have property rights to go through your rezone process. We have met your criteria for that. We've provided the requisite evidence to support our petition, your -- or petitions. Your staff has reviewed that and agree that we meet your legal criteria. We don't have to prove to you that there's no viable residential use. I think this is an important legal point. We have to prove to you that we meet your LDC and GMPA criteria for the pending applications. I don't believe there's a viable residential use. You can decide that for yourselves. It's right next to two power plants. I know you-all have been there and are familiar with the site. But as a legal matter, I'm not obligated to prove that there's no viable residential use. That's not the correct legal standard. I have to prove to you, as I said, that we meet the county's legal October 10, 2023 Page 192 criteria by competent substantial evidence. And it's our position that the testimony and the evidence in the record, as well as the opinion of your staff, meets that legal burden, which is the appropriate legal standard. There was something mentioned about -- well, several times mentioned that we've ignored or Mr. Blitch mentioned about, you know, how we didn't make any major concessions. I'm not going to repeat the items that we've made. I think that the record's clear how this project evolved from the initial submittal to today. Those are real and material changes that we have done, and they've been -- they've been done in response specifically to the request of the neighbors in the multiple outreach that we've had with them. There was a comment about safety of the grandchildren and the kids on the street. You heard me speak about this. That is and was during this process of paramount importance to us. That's why we are doing the bus stop and waiting area. That's not an insignificant addition. It's on our client's property, and that's something that we didn't take away when we added -- when we got the access on 951. It's something we want -- we want to do, and we recognize that, and we want -- we want to make sure that there's a safe place for parents and kids to wait for the school bus. Size was mentioned. There were a number of examples provided. They're on different acreages than our acreage. You've got to look at each project individually. That's part of the staff review process. Your staff has reviewed this. You don't -- you don't evaluate a self-storage project or any other project in a vacuum. You look at the development standards. You look at what's been proposed. You look at the buffering. You look at the setbacks. And your staff has done that and October 10, 2023 Page 193 has -- agrees that we meet the pertinent criteria for that. Regarding landscaping commitments, there were some comments about other projects from my client in other states. I stressed this in my opening remarks, but we are committing to provide the landscaping that we promised. We worked very hard with staff on this. There's specific language in the PUD document about what we have to do. That's above and beyond what your code requires. That's, again, in response to the neighbor requests, and that's significant. We cannot get an SDP from you if that's not met. You have a detailed process, as you know, to review Site Development Plan applications after zoning. That process includes making sure that what's proposed at SDP meets the developer commitments at zoning. That is a developer commitment that we're making today that we don't have to make today because we could just go through the SDP process and do the minimum. That's not what we want to do. We want to do much more than that. The same rationale applies with respect to the school bus and the waiting area. That's an SDP requirement. It's also voluntary, but we've worked hard with your staff to get there about certain specifics of that. We've put that in our developer commitments now at zoning, and that language is incorporated into the PUD document that's before you. Regarding the fire argument, a couple comments here. We have specific restrictions in our contracts with the customers that would -- that would prevent that. We can't prevent -- we can't control what people do, but we're going to do our best to do that. That's our practice. That's in our standard contract. You can't have hazardous substances. You can't operate a business. You can't have fireworks. You can't have any of that stuff that was October 10, 2023 Page 194 commented on. Also, from a strict building code perspective, we've got to comply with all fire codes and building codes. One of those provisions relates to having a fire sprinkler system. That is required. That's in the stringent standards of the Florida Building Code as adopted by the county with the changes by the county. It's heavily regulated. And, again, before our building permit can get issued, before a certificate of completion can get issued from this project, I know you're all familiar with the level of detail that goes into inspecting the construction and inspecting those fire suppressant systems, which we're required to do. I don't know when the code was changed to add that. I do know that it hasn't been in there forever to do a fire sprinkler system, so some of the other facilities -- I'm not sure about the facilities that aren't in Collier County, but I know that some of the older ones -- at some point that was added to the FBC, the Florida Building Code, so they may not have had those fire sprinkler systems. We will have that. We will meet all fire and building codes. There was a comment about drive-through 18-wheelers. For the record, I just want to clarify, we don't have that. We're not doing that. That doesn't apply to our project. There was also something mentioned about a moving company. Again, for the record, to rebut that comment, that is not the applicant. There's no involvement, based on my client, with some sort of moving company, so that's not a correct statement. I'll sum up there. I'm happy to answer any questions. I'm not going to repeat the list of material changes that we've made to try to accommodate the neighbors. We really do want to be a good neighbor, and we've proven that throughout the process October 10, 2023 Page 195 and shared that with you today. So with that, from a legal perspective, we do meet your criteria, your staff is in agreement with that, and that's why we're, respectfully, asking for your vote of approval. Thank you, Commissioners. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: Thank you. I assume the public hearing is closed? CHAIRMAN LoCASTRO: Yes. COMMISSIONER SAUNDERS: I would say that some of the presentations today were really very good in terms of the public organized in their presentations, so I do want to compliment everybody on that. If you would put up a -- Ms. Patterson, if you'd put that up slide there. I have a couple questions for Mr. Davies. This is something that the neighborhood had presented so -- and gave me a copy of it, and I wanted to talk to you a little bit about it -- MR. DAVIES: Yes, sir. COMMISSIONER SAUNDERS: -- because I think the facility is way too large, and from the sounds of what you just said, there's no flexibility on your part. And so I just wanted to confirm that, because right now you're at 171,000-square-foot facility with drive-up storage, and I personally don't think that that fits into the neighborhood. I'm not sure that any of this really complies with the Comprehensive Plan. But if we can get around that, this is still too large. And so I'm wondering if there's any flexibility on your part to reconfigure this and take into account the concerns that were raised in terms of the drive-up, the size of the facility, and that sort of thing. MR. DAVIES: Appreciate the comments, Commissioner. October 10, 2023 Page 196 Absolutely, I'd love to respond. First, we do have the two different types of units: One of the drive-up units; the other is the building in the southern portion of the site. That's the three-story building, and that's -- those are not drive-up units. As for the size, you know, we did decrease it the 3,500 square feet based on that building at the northeast corner. That creates the additional separation. As I mentioned, this was reviewed by your staff. It should be reviewed not in a vacuum, like I said, based on just comparing numbers of square footage, but looking at the parcel size, looking at the setbacks, looking at all the other development standards. And we feel that we've created a project that meets those additional standards and so, respectfully, to your question, there's no additional room to reduce the square footage of the project. COMMISSIONER SAUNDERS: And, Mr. Chairman, I don't have any other questions. I will make a comment that I can't support this. I asked the petitioner if there was any willingness to consider the size there. Obviously, there isn't. So regardless of what motion is made, I'm not -- I can't support this. CHAIRMAN LoCASTRO: Okay. COMMISSIONER SAUNDERS: And I'll say that on the record in terms of the Comp Plan. I don't think it's compatible with our Comp Plan, and so that's part of the bases of my concerns with it. CHAIRMAN LoCASTRO: Okay. I've got some questions, but I'm going to go to -- Commissioner Hall's lit up, and then Commissioner McDaniel. Commissioner Hall. October 10, 2023 Page 197 COMMISSIONER HALL: Yeah, thank you, Chair. So originally looking at this, I could see where residential use was not going to be appealing between the two FPLs. One of them said, prove it. I don't think we have to prove it, you know. And this slide right here is a great example, the neighbors right now that are existing don't want to be next to it. That's what we've heard. What would make these neighbors here want to be next to anything? So to say that that's a -- that's a reasonable use is a stretch for me. It's questionable. Whether the thing was never put on the MLS or whether it was on LoopNet doesn't really matter. It's not applicable. And, you know, you do -- you have met the legal requirements for the ask, no doubt about it. But in -- with comments from Commissioner Saunders of it, you know, the rural character, the intent of the neighborhood, I can concur with that; however, you are on Collier Boulevard, and there are things in the very close vicinity that are not residential. Just bear with me while I'm talking out loud here. The community asked you about security. I can see where that could be costly. They asked you about -- to remove the drive-ups because of his experience with law enforcement. And I'm a landlord. I totally concur to the same -- the same conclusion. That was a fair ask. A better look to be less industrial and more residential was a fair ask. The CubeSmart change, the management change, that's discretionary. I'm not going to play with that one. To be a normal-size building is a fair ask, and Commissioner Saunders asked if there was any consideration for that at all. You put 171,000 square feet; you've reduced it 3,500 feet. You reduced it 2 percent. That's really -- to me, that doesn't even count; doesn't even play. October 10, 2023 Page 198 I think it's a good spot for a storage unit. I don't think it's a good spot for 171,000 square feet. And I started out this morning fairly comfortable with it, but when I saw the -- when I saw the comparisons of the square footage, you did, you said they were on different sites. Most of them were twice the acreage that had less square footage. When I think about the Waterside Shops being less than what this is, it's across the street from me. I live right across the road from it. I drive through it daily. That's a massive building. So I think the asks by the community are fair. And if you would seriously consider some of them, I think you would have a better chance of getting this approved. But just being stuck and stubborn on 171,000 square feet, I'm not going to get my head around that, I don't think. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Is this 4-1 or 3-2? MR. KLATZKOW: You need four votes on this one. COMMISSIONER McDANIEL: Yeah. I can count noses. Let's start with the property rights. This piece of property is in the Golden Gate Master Plan next to nonconforming uses. Your house isn't. Your house is sandwiched in between two houses. And you were correct by saying if you came up and asked for a use change on your house, we'd say no. These folks have the right to ask, not the right to receive. That's the property-right issue that's, in fact, here, just for point of clarification. Well, those two are over there -- I'm getting ready to come to you now. MR. DAVIES: Yes, sir. COMMISSIONER McDANIEL: Yesterday when you October 10, 2023 Page 199 were in my office, I asked for some kind of comparison of intensity, because the way I understand it, the five acres can have four houses, two main houses and two guesthouses, at two-and-a-quarter per acre is the current density that's allowed. Have you done any kind of comparison? And have you done any -- that comparison for me? MR. DAVIES: I think the transportation engineer did a quick look. I mean, I can invite Mr. Banks up to try to answer that question. COMMISSIONER McDANIEL: Okay. If you would, please. I just -- because I share the concerns of my colleagues with this intensity. I mean, we're lining up at 78 percent of the total land mass for the consumed area for the -- for this particular site, and it's maximized out. So the intensity is more than I expected, in all candor. MR. DAVIES: I'll let Mr. Banks address the comparison, Commissioner. MR. BANKS: For the record, Jim -- sorry. I've got little voice problems today. For the record, Jim Banks. COMMISSIONER SAUNDERS: Do you need a glass of water? Because we could -- MR. BANKS: It's -- I'm on medication right now, so it's -- COMMISSIONER SAUNDERS: Because we have a water fountain here. MR. BANKS: I appreciate that, Commissioner, but water's not going to help me. For the record, Jim Banks, here on behalf of the applicant. To answer the commissioner's question, yeah, if four single-family homes were built on this property, it would generate five p.m. peak-hour trips. The proposed storage units generates 26 p.m. peak-hour trips. October 10, 2023 Page 200 COMMISSIONER McDANIEL: Okay. Thank you. My other -- my other issue is, if this -- if this -- if we were -- and I'm not seeing us leaning in that regard to approve this as-is right now, but if we were to approve it, we're done. I mean, we really can't -- as you said, we can't -- we can't dictate who operates it, what type of flag is operating here. We can't dictate who's going to -- what the hours of operation are or those sort of things. We either approve the use, or we don't approve the use. We approve the use as asked, or we don't approve the use. And I -- I would like to hear a little more maybe from our staff with regard to your commitments for the extra landscaping. Because, again, I was sitting -- it was 218,000 total -- 200, plus/minus, 18,000 square feet on the site, and 171,000 of it's being consumed by the building itself, proper, plus the parking, doesn't leave an enormous amount of -- an enormous amount of area on the perimeter. So, Mike, could you talk a little bit about what they're offering up as -- you can stay right here. You don't have to go there, unless you want to. Apparently you want to. COMMISSIONER KOWAL: They wanted to use the -- COMMISSIONER McDANIEL: Do what? COMMISSIONER KOWAL: They wanted to use the -- COMMISSIONER McDANIEL: Oh, they have the visualizer there. MR. BOSI: Mike Bosi, Planning and Zoning director. And I don't see a member of our landscape crew to -- what I was going to suggest was to review the one slide that the applicant had put up that had his enhanced landscape buffer on the west side, on the north side, and on the south side as well. I do believe those were enhanced landscape buffers. We also October 10, 2023 Page 201 have a required preserve that would be going -- that provides for further green space and a water management lake that's provided at the north end of the property. From staff's perspective, just to give you a reason -- or the understanding of -- we looked at the context of this -- this site. Not only two FP&L stations, but a six-lane divided highway. COMMISSIONER McDANIEL: Right. MR. BOSI: You know, I could understand that there could be a house developed there. I would not want to live at that house. I wouldn't think it would be appropriate. Based upon that, we thought the storage facility and the low-intensity storage was a better fit. With the enhancements to the bus stop and the isolation from 13th Street being 148 feet from that right-of-way, we felt that it was cut off from that residential neighborhood and more in line with the nonresidential land uses that sit to the south and sit to the west of the facility. And, of course, the six-lane divided highway that sits to the east most certainly is not rural in character in any way, shape, or form and, because of that, staff arrived upon that recommendation. We thought it was an appropriate change of use. Based upon the enhanced landscape, based upon the relocation of the access point to 951 were all the reasons why we thought were appropriate. Now, we weren't involved within negotiations between the neighborhood and the applicant in terms of the other concessions, so we weren't made aware of that. I will say that the Planning Commission made -- they did not make a recommendation of approval nor did they make a recommendation of denial. It was 3-3. They were split on it, so there was no recommendation that came from your Planning October 10, 2023 Page 202 Commission. COMMISSIONER McDANIEL: I saw that in here, and that was one of the other questions that I had. If I'm -- am I -- I'm still on? CHAIRMAN LoCASTRO: Yes, sir. COMMISSIONER McDANIEL: It looked to me like the Planning Commission heard this application with the access to 13th. MR. BOSI: They did. COMMISSIONER McDANIEL: Okay. MR. BOSI: They did. COMMISSIONER McDANIEL: And then it was after the Planning Commission that the applicant chose to relocate to ingress and egress off of 951? MR. BOSI: And the -- my understanding -- and Transportation can maybe correct the record if I'm misspeaking. COMMISSIONER McDANIEL: She's coming up right behind you. MR. BOSI: But it was the transportation -- it was our access management policies that was requiring the applicant to put the access on 13th Street. So that's where that original access point came. It was later on where we recognized that that preserve had some -- had some pliability towards where the location of the preserve was going to be based upon prior clearing, that we could put an access point on the further southern point, and that's how we arrived upon that 13th Street access point. We feel that with the nonresidential land use, as I said, with the six-lane highway, and the improvements for the bus stop, we felt that it was a benefit. We can understand how -- the perspective of the folks was on 13th Street, but we thought it October 10, 2023 Page 203 was a good fit in terms of lower intensity and providing some benefit to the neighborhood for a place to be able to park your car while you're waiting for your kids to go to school. With that, staff made -- found that recommendation of approval, and from an intensity perspective, we really did feel that that -- the self-storage nature is one that it is somewhat compatible just because of the low intensity and how it's going to sit and how that access will be off of a six-lane divided highway. COMMISSIONER McDANIEL: Yeah. I actually found that interesting that four single-family homes only generate an extra five trips. I mean, at two cars per house, that's eight all by itself just -- I found that interesting, so -- but he's the statistician on the magic wand of the TIS. So I would like to hear from -- I did speak with Trinity with regard to this, because originally when the access got moved off of 13th, there was a suggested bulb-out, and that was a mess, and then we apparently ended up with the access point being moved to the southerly end of the property. MS. SCOTT: Once again, for the record, Trinity Scott, Transportation Management Services department head. Yes, at the Planning Commission, per our access management policy, Collier Boulevard is a limited access roadway. We would typically not allow for an access point on Collier Boulevard. We would require that access point to be on 13th. When we -- understanding that the residents had some issues with the access on 13th, we looked at if they could have access -- a right-in, right-out on Collier Boulevard, which is where the bulb-out came into consideration with the U-turn at 13th. October 10, 2023 Page 204 I watched the Planning Commission. I wasn't at the Planning Commission, but I watched it. I listened to the testimony, and I listened to the testimony of the school board member who indicated that that's where the school bus stops. COMMISSIONER McDANIEL: Right. MS. SCOTT: So that bulb-out would have been in conflict with that. The school bus can't stop in the turn lane. It must stop in the through lane to be able to stop the traffic. So after the Planning Commission, I went back to my team and challenged them a little bit and said, can we come up with a different option that we can live with? It may not be in line with our access management, but something that we can live with that addresses the concerns of the residents. And I actually approached Mr. Davies after running it through our Transportation Engineering staff and said, is this something that your client would be amenable to, which is how the left-in came to be on Collier Boulevard. COMMISSIONER McDANIEL: Okay, thank you. MS. SCOTT: You're welcome. COMMISSIONER McDANIEL: And then landscape. Now here comes Jaime. MS. COOK: Good afternoon. Jaime Cook, your director of Development Review. So because this property abuts two streets, on 13th Street they would be required normally to put in a 10-foot-wide buffer consisting of both trees -- a single row of trees and a double row of hedges. They are offering to do a 30-foot-wide buffer with two rows of trees and the two rows of hedges on 13th. Along Collier Boulevard, they would normally be required to do a 15-foot-wide buffer, again, a single row of trees and a October 10, 2023 Page 205 double row of hedges that will also -- that is proposed to be 25 feet wide and a double row of trees and a double row of hedges. So they are providing the enhanced buffers as a developer commitment. Again, as they had previously stated, when their SDP comes in, the landscape review staff would review that and make sure that their proposed landscaping on the Site Development Plan is in accordance with this commitment. COMMISSIONER McDANIEL: Okay. MS. COOK: Thank you. COMMISSIONER McDANIEL: Thank you. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER McDANIEL: Bosi's got another thing for me. CHAIRMAN LoCASTRO: Okay. MR. BOSI: And one other fact that I did not present -- and I apologize for that -- a commercial development by our Land Development Code will require 30 percent open space. I heard some statistics of 78 percent of this lot being impervious or construct -- by our code, we require at least a 30 percent open-space requirement. That means -- that's impervious -- that's impervious surface area. COMMISSIONER McDANIEL: Well, I'm the one that said the stat, and five acres is the size of the piece of property, and that's 218,000 square feet, and 171,000 square feet of building is 78 percent. MR. BOSI: We -- at the rezoning and the GMP amendment stage, we only look at -- we look at the square footage. We don't look at the Site Development Plan, so maybe -- COMMISSIONER McDANIEL: Gotcha. You know October 10, 2023 Page 206 what, Commissioner Kowal just corrected me. I'm -- I forgot about the multistory on the south end. My bad. CHAIRMAN LoCASTRO: Commissioner Kowal, go ahead, sir. COMMISSIONER KOWAL: Thank you, Chairman. I -- you know, I was up here listening to all the citizens and everybody that testified today, and I was really impressed that, you know, everybody came here prepared and, you know -- and thought this out. And, you know, and I'm here -- I wasn't talking -- texting on my phone. I was actually looking at maps. I was looking at Google. And I'm, like, checking this area out. And, you know, I'm looking at the particular -- you know, we talk about if something fits or doesn't fit, or if it's -- you know, if it's cohesive in the area, what's around it. And, you know, so I started looking, and I looked at 13th Street. I made some notes. So if you take north of 13th Street, there's six residential homes along the western side of Collier Boulevard. And after the sixth one, there's a large Publix plaza that goes all the way up to Pine Ridge Road. So -- but then you take 13th Street -- or 13th Ave itself, and you look at that corner that's in question, and you look at that corner, and you go -- from that corner you go south down the west side of Collier Boulevard, you do not hit another residential property until you get to Cedar Hammock Boulevard entrance, which is south of Davis Boulevard. So when you talk about consistency -- if I didn't know what that was zoned, if I had no clue, I was just a layman and I had 100 other people like me in buses and you started at 13th Street South and we drove south looking to our right and we asked -- and everybody, I think -- probably 99 percent of the people on the bus would say, why is that one grassy lot there? October 10, 2023 Page 207 It doesn't conform to everything else on the side of the road as you travel south. So in a way, in reality, if you look at it, that is, like, the start of the commercial property. That particular lot is the start of the commercial property that extends south on Collier Boulevard. That is the last piece of green grass until you get to Cedar Hammock Boulevard, which is actually a gated entrance into a residential community, which is south of Davis Boulevard, which is below I-75. So -- you know, I'm just looking at it this way, perspective. And what Mr. Bosi's talking about, you know, I don't know if that -- personally, I would say that it's useful for residential property because the market dictates if somebody's going to purchase something or not, you know. And if they have the opportunity to purchase a house that's not under high-tension power lines, I would assume they wouldn't [sic]. They would purchase something else. I live in one of the communities that was identified with a FP&L power plant which sits well outside of the boundary of our community, which is a wall, which there's landscaping and a buffer. I jog in the morning down that street that is on the other side of it. I don't even know it's there. So you're kind of comparing two things that aren't the same where you have this is surrounded by a six-lane highway to the east, a power plant to the south, and a power plant to the west. So we have to take that into consideration. We're not really comparing apples and apples here. So, you know, I initially was not great with the size of this building, but when they told me that they were moving part of the building in the northeastern corner, which creates a larger setback, and, you know, some of the artist's drawings showing October 10, 2023 Page 208 it's up against 13th and Collier, you know, that being removed now, you're creating a much larger buffer to where there's actually a residential street with the extra landscaping and with preserve in between there. You know, I thought that would reduce more square footage when they said they were taking it off, because I thought that was a great idea. I didn't know it was still about 171,000 square feet, but the footprint of the building, which I kind of pointed out, we're not talking about the mall, which is one level, you know, Waterside Shops, which covers a large mass of ground. You know, it's stacked. So there's -- your square footage comes into play. And with all the setbacks and the extra setbacks that they're providing, which I just heard from our staff, the footprint on the actual 5.5 acres is not that vast spread out. It's actually being compressed now down to a smaller portion, the southern portion, which is closest to the actual power plant. So, I mean, when I look at it, in my mind, and when I have to make a decision in looking at it, you know, reasonably or with common sense, I don't know what else you would put there, I mean, that would have a lower impact for traffic. You know, I don't -- I've been a deputy in this county for 20 years. I may have responded to one storage unit break-in. I don't know what jurisdiction that the young gentleman worked in -- COMMISSIONER McDANIEL: Houston. COMMISSIONER KOWAL: -- but I don't know what his crime rate there was or what -- you know, but Collier County's -- you can't compare, once again, apples to apples here. So, you know, I can only speak from my experience and common sense. If you asked me, I think this would work on October 10, 2023 Page 209 that space, so thank you. MR. DAVIES: Mr. Chairman, can I please ask for a five-minute recess? CHAIRMAN LoCASTRO: Yeah. So let me say something. I'm going to take some poetic license here, and it's going to be close to -- I've got other commissioners lit up here. Okay. Ms. Lewis has the toughest job here, and although this is one topic to you-all, we've been in here since 9:00 a.m., and we're going to be here very late with some other things that are coming up. She's 30 minutes -- and it's not just on her. But we're going to take a 10-minute break. This will also give you a chance to regroup with your client, if you so desire, because what I'm hearing up here from a few commissioners, and even I'm feeling it myself, it's like, hey, it's this or nothing, and that might not be the way you want to go. If that is, then, I can tell you we're going to vote probably soon after a break, and we'll see how it goes. But let's take a 10-minute break. Let's come back here at -- let's come back at 4:30 right on the nose. That gives us 12 minutes, and then that will give you a chance to talk among your clients as well. (A brief recess was had from 4:18 p.m. to 4:30 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN LoCASTRO: Thank you for the break. You know, Mr. Davies, we're going to turn the podium over to you, because there's been a lot of details flying around. Hopefully you got a chance to speak with your client and regroup a little bit. So what's your -- what's your position right now? MR. DAVIES: Thank you, Mr. Chair. I did have an opportunity to speak with my client. October 10, 2023 Page 210 Certainly appreciate comments from the community and also from the commissioners. We do believe that we can make a reduction to the size. There are a number of factors that go into that and a number of consents on my client's side for the investor group. So I would respectfully ask for a continuance to have a bit more time than the recess to do that and come back to you with a reduced-size proposal. CHAIRMAN LoCASTRO: Okay. What I would say is it's a real testament to the citizens -- and we spoke to some of them at the break -- how you packaged all of your details, how you've met. And, really, I will say to both sides, too, to you, Mr. Davies and to your client, we've had groups in here before where they refuse to meet with the applicant, the NIM was -- took two minutes because everybody walked out. I mean, you see Andrew meeting with you several times and you both agreeing to meet. We've met groups in here where people have refused to do that. So there's a lot of discussion here. You heard a little bit more from the citizens than just, you know, maybe a little bit smaller. So, you know, we'll leave that on you. Some of the things I had written down before you asked for this continuance, and some of them have been answered, but one of the big changes you made was basically sealing off 3rd [sic] Avenue, right, with significant landscape so that -- would that have been an entrance that you would have used for construction, and then it would have been sealed off after? I'm just curious as to that answer. MR. DAVIES: That was the original access point on 13th, so not just for construction, but -- CHAIRMAN LoCASTRO: Right. But then when it was October 10, 2023 Page 211 changed, that the access point would then be on Collier and 13th would be where all the landscape would be, would that landscape come after and you would have been using that 13th Avenue for a lot of -- MR. DAVIES: No, that's not the intent. The intent's to use the access point on 951. CHAIRMAN LoCASTRO: Okay. I mean, having said that, does any other commissioners have any -- you know, and it's really -- Commissioner Saunders, I'll go to you, sir. COMMISSIONER SAUNDERS: I did want to -- I do have a comment for you. I did want to mention one thing that Mr. Bosi said that I just want to take a little bit of exception to, if you'd come on up for just a quick second. You were talking about the residences on six-lane divided highways, and you said, not in any way, shape, or form is that residential. And we've got, I'd say, probably hundreds of miles of four-lane divided highway with residences on them. And, so, you almost made it sound like if you're on a four-lane divided highway, well, that's prime area for commercial. And I just wanted to make sure I understood what you were saying. Now, I know -- MR. BOSI: Yes. COMMISSIONER SAUNDERS: -- there's a power plant -- or a FPL facility there, and maybe that with the six-lane highway. But you were just focusing on the six-lane highway, and I think that's an incorrect statement. And I just wanted to get your -- MR. BOSI: And maybe I didn't put it within the context. The combination of two FP&L substations and a six-lane divided highway, to me, doesn't lend itself to favorable conditions for residential. October 10, 2023 Page 212 COMMISSIONER SAUNDERS: Understood. I just wanted to get that -- MR. BOSI: But -- just a sidenote, a sidenote, when you're walking down the sidewalk on a six-lane divided highway, you'd much rather be walking on a four- or a two-lane divided highway in terms of -- COMMISSIONER SAUNDERS: I'd rather be walking on the beach, but that's another story. MR. BOSI: Yes, yes. COMMISSIONER SAUNDERS: Mr. Chairman, in terms of a continuance, I think there's not any other proposal that's being made right now. There's just going to be a request for a continuance so that they can go back and huddle and figure out what concessions they might make. So I'm going to just say I support that. Petitioner has, I think, an absolute right to have a continuance to work out things. That's -- but I want to make sure that whatever you come up with, that there's some interaction with the neighborhood, because I do want to hear at least from one or two spokesmen from the neighborhood on anything you come up with so that there's not going to be a perception that you're going to go work out something and come back to us and they're not going to have an opportunity to review it. So I just want to make sure that there is that contact and that opportunity. And I don't think we should drag it out very long. You've got a neighborhood that's been living with this concern for a long time, and I think they deserve to have it finalized one way or the other. But I have no objection to it being continued. COMMISSIONER McDANIEL: Make a motion. CHAIRMAN LoCASTRO: What I was going to -- what I October 10, 2023 Page 213 wanted to add is to the citizens, was a very similar thing. The applicant does have a right to not force a vote now and go back to the drawing board, but continue to stay engaged as you have been. I think that's why we've got an applicant that's willing to go back and speak with you. So this isn't the time to get silent. And then I would say to the County Manager, also agree with Commissioner Saunders. This is a hot topic. Everybody's engaged. Let's not have this get kicked. You know, this one should have a sense of urgency when we add it into the agenda. So as we make up the agenda and we feel the applicant is ready, this one should come back, you know, sooner than later so that we can make a -- we can make a final decision on it. MR. KLATZKOW: Do you want to do a continuance with a date-certain or not? CHAIRMAN LoCASTRO: I don't think we have to decide that today, unless -- MR. KLATZKOW: It's for advertising purposes is why I raise that. COMMISSIONER SAUNDERS: Yeah, you have to advertise that if you don't do a date-certain. COMMISSIONER McDANIEL: Let's do a date-certain. How long do you need? MR. DAVIES: I'm just trying to think about the schedule. I mean, I don't -- two weeks, four weeks. I mean, whatever works for you-all and the County Manager's Office. COMMISSIONER McDANIEL: A month? MS. PATTERSON: Commissioners, right next to -- MS. LERTCH: Could I say something? CHAIRMAN LoCASTRO: No, ma'am. Public comment is closed, but thanks, Pat. October 10, 2023 Page 214 Go ahead. MS. LERTCH: I just had something I wanted to show you. CHAIRMAN LoCASTRO: Okay. No, ma'am. MS. PATTERSON: Next agenda I believe we have scheduled Ascend, which is going to have probably a lot of public comment, so just thinking about balancing out if we want to go to the first meeting in -- or the meeting in November maybe the appropriate time to go to make sure. CHAIRMAN LoCASTRO: That's what I was thinking, November 14th. Does that sound right? COMMISSIONER SAUNDERS: Could I make a -- CHAIRMAN LoCASTRO: Yes, sir. COMMISSIONER SAUNDERS: You know, we've closed the public hearing, but we're continuing this for these negotiations. I would ask that the neighborhood designate a person to respond to whatever is presented as opposed to trying to open up the public hearing again because -- and, of course, is it Mr. LaGarde? Am I saying that right? MR. LaGARDE: Yes, sir. COMMISSIONER SAUNDERS: Certainly were tremendous speakers. Your son [sic] gave a great presentation. MR. LaGARDE: Yeah. COMMISSIONER SAUNDERS: And so I would suggest that one or two people make a presentation, not open this up to everyone. CHAIRMAN LoCASTRO: Start all over, yeah. Okay. COMMISSIONER McDANIEL: Do you want to make a motion? CHAIRMAN LoCASTRO: County Manager, what do you think, November 14th? October 10, 2023 Page 215 MS. PATTERSON: Well, so the applicants will be out of the country on that date. The Ascend petition is definitely going to have a lot of participation; however, if this is largely worked out, we could look at it in the next two weeks. Otherwise, you're looking at December, and that's kind of the two choices, so at the -- COMMISSIONER McDANIEL: Pick a date-certain. COMMISSIONER HALL: It's before Ascend. CHAIRMAN LoCASTRO: Yeah. Is Ascend on October 24th? MS. PATTERSON: It is. CHAIRMAN LoCASTRO: That's our next meeting, right? MS. PATTERSON: It is. CHAIRMAN LoCASTRO: I mean, we've done big things before. I mean, nobody here is -- we can stay late, you know. I mean, so I think we go on the 24th, unless I hear some objection. So Ascend's big. We've got -- we had something big before this morning in District 2. We've got two more big things after this. So unless somebody's got an objection, I think October 24th would be the date. And I think, as Commissioner Saunders was saying, we're already at the 95 percent discussion. We're not looking to start this all over. We're looking to sort of conclude it on the 24th. Commissioner Saunders, what do you think, sir? COMMISSIONER SAUNDERS: No, I think the 24th would be fine. Just make sure that there's contact with the neighborhood so that they can respond -- be prepared to respond to whatever you will present. MR. FRENCH: Commissioners, I apologize. I hate to be October 10, 2023 Page 216 the fly in the ointment. I just spoke with the owner. They're asking if we wouldn't mind bringing this back at our first meeting in December. That way it gives them and the community an ample amount of time to work through these issues, and we still believe that if they can work this out, it may be lighter -- a lighter presentation, or at least a lighter petition. CHAIRMAN LoCASTRO: Okay. So that's December 12th. MR. KLATZKOW: If we're going to December 12th, the petitioner's going to have to readvertise. MR. FRENCH: I just wanted to say it's fine. MR. KLATZKOW: Is that fine? CHAIRMAN LoCASTRO: They've got time. MR. KLATZKOW: No, it's fine. CHAIRMAN LoCASTRO: Any objections from the -- COMMISSIONER McDANIEL: Burt, do you want to make the motion? CHAIRMAN LoCASTRO: Commissioner Saunders, why don't you make the motion. COMMISSIONER SAUNDERS: Then I'll make a motion to continue this until December, was it 14th -- CHAIRMAN LoCASTRO: 12th. COMMISSIONER SAUNDERS: -- December 12th, and part of the condition of continuing it is that you're going to put together whatever your proposal is and make sure the neighborhood knows about it. The neighborhood folks will designate one or two people. It won't be -- you won't be limited to three minutes. You'll be able to respond fully, but just a couple representatives from the community. So I'll make that motion. CHAIRMAN LoCASTRO: I'll second it, and we'll pick October 10, 2023 Page 217 up where we left off here. So we've got a motion from Commissioner Saunders to continue it. I'm sorry, sir. COMMISSIONER McDANIEL: My only comment is they don't have to negotiate with Mrs. Lertch. CHAIRMAN LoCASTRO: Smaller handbag next meeting. Okay. So I've got a motion from Commissioner Saunders, a second from Commissioner LoCastro to continue it until December 12th. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. See you on the 12th. MR. DAVIES: Thank you, Commissioners. MS. PATTERSON: Commissioners, we'll make a staff member available also for those meetings should they want that. CHAIRMAN LoCASTRO: Okay. MS. PATTERSON: Commissioners, while we clear out the room here, we would be moving to 11C, which is a Conservation Collier item, but it probably makes more sense to take 11D. CHAIRMAN LoCASTRO: Right. Okay. Let's wait till everybody clears out. And if we could have everybody clear out of the room, because we're not done, even though you are. We have some big projects that are coming up. October 10, 2023 Page 218 COMMISSIONER SAUNDERS: If you want to show that to us now while everybody's -- MS. LERTCH: This is all we ask. We just want this. That's all we ask. CHAIRMAN LoCASTRO: Okay. Now, we need the citizens -- this has concluded, so we asked everybody to please exit. Concluded for the day, yes, sir. If we could ask everybody to please exit. Gentlemen in the back. Okay. County Manager, I think you were about to say to go to 11D made the most sense. MS. PATTERSON: We are, because that way we'll take -- the last two items are Conservation Collier. We'll just -- we'll take those two together. Item #11D RECOMMENDATION TO CONSIDER TERMINATION OF THE COLLIER COUNTY PUBLIC LIBRARY SYSTEM’S ANNUAL MEMBERSHIP WITH THE AMERICAN LIBRARY ASSOCIATION AND RESPECTIVE DIVISIONS. (TANYA WILLIAMS, PUBLIC SERVICES DEPARTMENT HEAD) (ALL DISTRICTS) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS – APPROVED So let's take 11D, which is a recommendation to consider termination of the Collier County Public Library system's annual membership with the American Library Association and respective divisions. October 10, 2023 Page 219 Ms. Tanya Williams, your department head for Public Services, is here to present. CHAIRMAN LoCASTRO: I'd just -- to set the table here -- and we spoke about this at our last meeting, obviously, just informally to present the issue. You know, it initially came to me from a couple of citizens. It actually wasn't an organization. It was a couple of citizens, to include a city council member on Marco Island, and then I immediately met with Ms. Patterson and said, I thought this was a heavy enough issue to add to our agenda, which we did. And then I think over time, then we had an organization in the county step forward and other commissioners started hearing about it. But we talked about it quite a bit ago, actually, that this sounded like something that we would want to address. So, Ms. Williams, why don't we turn it over to you and have you give us an update on our membership in the ALA. MS. WILLIAMS: For public record, my name is Tanya Williams, Public Services Department head. I updated the PowerPoint that I presented at the workshop last Tuesday for members of the public that were not available or were not here for that. I do have an updated presentation. I'd be happy to go through the few slides that I have. Pretty much, it is just a reiteration of what you have in your executive summary packet. So just very quickly for everyone's edification, the Collier County Public Library is a member of the American Library Association. We have been for several years. With that membership, we are also members of two of their divisions, the Public Library Association and then United for Libraries, which has done so on behalf of our library advisory board as well as it assists the Friends of the Collier County Library. October 10, 2023 Page 220 Our annual membership for 2023 was just shy of $1,600. We're projecting that membership for 2024 would be just a little bit more than that. Membership is based on the estimate population of the county in which we serve, and through our membership we do access professional resources as well as publications and tools. Staff have access to professional training and development opportunities and continuing education. This nets us on annual savings of about $2,000 by being a member. Specifically, we get a 50 percent and above reduction in conference registration rates, and we get anywhere from a 10 to 15 percent reduction in any professional materials or online courses that we may access. Bottom line, net fiscal impact -- net cost of terminating our ALA membership would be at a net cost of about $366 annually. These funds are budgeted in your library division cost centers within the General Fund 0001. CHAIRMAN LoCASTRO: And you're saying that because that's what would finish out this calendar year? MS. WILLIAMS: That's what would finish out between what our membership costs and then the annual savings. CHAIRMAN LoCASTRO: Okay. MS. WILLIAMS: So just for continued reinforcement, current Florida trends, based on the recent events, the Florida Department of State Division of Library and Information Services is not a member of ALA. Beginning with their current grant cycle, the current legislative year, the Department of State will not accept any library services and technology grants that have projects associated with the ALA. We don't -- we, your library system, do not generally apply for LSTA grants that would include the ALA. The closest October 10, 2023 Page 221 association would be SWFLN, which is your Southwest Florida Library Network. Currently, you've got two county systems that have canceled their ALA memberships most recently, and that is Citrus County and Hernando County. There are a few other counties that are contemplating canceling their membership but as of -- to date you just have two. So presented before you today was the recommendation through executive summary to consider termination of the Collier County Public Library systems' annual membership with the American Library Association and the ALA divisions of the Public Library Association as well as United for Libraries. CHAIRMAN LoCASTRO: Mr. Miller, do we have any public speakers for this? MR. MILLER: Yes, we do, Mr. Chair. We have five. CHAIRMAN LoCASTRO: Okay. Let's hear from our public speakers. MR. MILLER: Your first speaker is Jamie Merchant. She'll be followed by Joy White. Ms. Merchant's been ceded three additional minutes from Dot Hall, who's right there. She will have six minutes. MS. MERCHANT: Good afternoon -- hello. Good afternoon. Jamie Merchant. The rest of my team had to leave. We had an event that started at 5, so I'm going to do my best to get as much information out as I possibly can. Last week one of you asked about the leadership role. Is it the leader, or is it the organization as a whole? So we've dug into that. And Ms. Drabinski is the current ALA president. All presidents serve for a one-year term. So she will be gone in 2025, but she will still wield power on the board as the October 10, 2023 Page 222 immediate past president. The most important is the fact that she was elected by the board because she represents their values. They knew about her self-proclaimed Marxist lesbian leanings and her emphasis on queering the catalog, which are all publicly documented. That's not just me saying that out of hate, and they elected her not in spite but because of that. The new president elect is Cindy Hohl, I believe, Hohl, Howell, I'm not sure, who will start next July and serve until 2025, and she is the current treasurer of the Freedom to Read Foundation which celebrates sexually explicit LGBT books targeting children by pushing the narrative that efforts to keep them off school library shelves are a form of censorship that should be resisted. It's the group behind the banned book list, which the ALA uses to depict concerned parents -- excuse me -- as enemies of the freedom of speech. And not only does the Freedom to Read Foundation smear parental right advocates as would-be censors, it actually goes to court to fight parents who object to these pornographic materials being made available to schoolchildren. So this is a much bigger problem than one person. Ms. Drabinski is just a symbol. Additionally, last week the term "banned books" was mentioned by the presenter and, just for the record, I rebuke that term. If books were banned, they would be completely inaccessible; zero access. The banned books that continue to be referenced by this organization and people in support of this organization -- the books have been removed from government schools because of obscene material. To Kill a Mockingbird is still very much available in public libraries as well as government schools. October 10, 2023 Page 223 Sorry. I lost my place. I believe there was one organization that is missing from your letter. It's the Florida chapter of the American Library Association. That was in Keith's notes. Since he's not here, maybe get -- if somebody could get with him to make sure that all organizations are listed. Additionally, many organizations around the state, Florida Citizens Alliance, Christian Family Coalition, Moms for America, Moms for Liberty, Florida Legislative Committee, Defend Florida, Republican Liberty Caucus, and Florida Republican Assembly, we have all partnered together to conduct a statewide effort to encourage all Florida counties to withdraw their membership. Currently, Citrus and Hernando are the only two. Their fees are minimal. Collier, on a much larger scale, is the first one that we've seen have this come across as an agenda item where your fee is a thousand-plus dollars. This will set a precedent for the larger counties, and we simply encourage you-all to withdraw your membership. And like I said last week, while this does not -- it just puts a Band-Aid on the issue. The books are still very much available in your public libraries which, again, it's the bigger problem. How do we protect the innocence of children from accidently stumbling upon this material while also protecting the parental rights of those who see no issue with this? So I do encourage you to get with your library staff to figure out some sort of solution. CHAIRMAN LoCASTRO: Thank you, ma'am. MS. MERCHANT: Thank you. MR. MILLER: Your next -- pardon me. Your next speaker is Joy White. She'll be followed by having -- oh, I'm October 10, 2023 Page 224 having a hard time. Is it Jason -- MR. BEAL: Jason Beal. MR. MILLER: Beal. Thank you, sir. MS. WHITE: Hi. I actually had something else to say, but after hearing the previous comments, I've got to change it. I, myself, I have an individual membership at the American Library Association because I work with St. Ann Catholic School library, and I have found them -- everything that she just said to characterize that organization, I've never encountered that. I have found it to be so helpful in my bringing back this library. I mean, I have students now coming in and finding books they want to read. I mean, their reading scores are going up now all because of the education and the forums and the webinars that I've done through the American Library Association. I mean, they've been supporting libraries and librarians for over a hundred years. And I just -- I don't -- I don't see any -- I don't -- I'm sorry, I just -- I personally have used it, and that's just not true what she was saying, and I'm appalled right now, I'm sorry. But it is very helpful. It's very educational. It's insightful. I mean, I think even during COVID, I mean, they -- right away they had helped us find practices to put in place to deal with that, and where are we going to get that now? A lot of professions have an organization that they go to for education. You know, lawyers have one to go to, doctors, accountants. So do we as librarians. And I'm at the St. Ann Catholic School, and I use it. So do you -- doesn't that say enough right there, that that's just not true? And to be honest with you, I've been here all day, and I left to go pick up my kids from school and take them to the eye October 10, 2023 Page 225 doctor, and I just took them home to my mom, and, you know, I was just -- they've never had their eyes dilated before, so I was like -- I was going to stay with them. They physically pushed me out the door because they're like, Mom, this is important. And I was like, yeah, you're right. And these are my kids. And you guys need to consider that, because we're all your constituents. And I think that's all I'm going to say right now. CHAIRMAN LoCASTRO: Thank you, ma'am. COMMISSIONER SAUNDERS: Mr. Chairman? CHAIRMAN LoCASTRO: Yes, sir. COMMISSIONER SAUNDERS: I'd like to just ask her a couple questions, if I might. MS. WHITE: Certainly, absolutely. COMMISSIONER SAUNDERS: You're at the St. Agnes School. MS. WHITE: St. Ann Catholic School. COMMISSIONER SAUNDERS: Oh, St. Ann. I'm sorry. MS. WHITE: Yes. No, St. Agnes, that's just the church. COMMISSIONER SAUNDERS: St. Ann. And how long have you been there? MS. WHITE: Oh, let's see. Well, my kids have been there for six years, and I've been there for about two now. COMMISSIONER SAUNDERS: Okay. And you -- are you the librarian, is that what you said, or you -- MS. WHITE: Yeah, I work with the -- yes, me, and I have an assistant there that helps me, and we've been -- we've gone through -- what's also been helpful is it's been neglected for a few years, and now that -- since I am a librarian, or was a librarian before I gave birth to twins and I stayed home with them, I have gone in, and through the ALA, I've been able to find out how to update our cataloging system, because, I mean, October 10, 2023 Page 226 you don't know about the different vendors. Where are you going to find that information? Well, there's a lot of education on the different ones and how to -- where to go purchase your books and then how to -- you know, having been out of the game for a few years, it was invaluable. COMMISSIONER SAUNDERS: And so part of the reason that this is being brought to us is because of the, I guess, political views, personal views of some of the leadership. Has there been any -- any interaction in the last couple years, and especially this year, with the new leadership there that indicates any change in their philosophies or -- MS. WHITE: You know, when that woman was elected, I remember reading about that, so I don't remember -- I don't even know if it was on Facebook or something, and I remember my thought was, oh, that was a dumb thing to Tweet. And I believe -- you can double-check, but I believe she even said, like, I shouldn't have done that. And, you know, one person isn't representative of an organization. And as a librarian, I mean, my graduate degree, I mean, we're trained to look at the needs of our community. Who's coming -- what do they want to look at, what -- and we want to present them with the items that they want so that they see that this is an institution that includes them, that they want to come in and utilize. I mean, it's a public library. Everybody's welcome. COMMISSIONER SAUNDERS: Have you been to any of their events, and what about your colleagues in other libraries? Have you-all talked about this, or do other librarian use those services? MS. WHITE: Oh, my gosh. COMMISSIONER SAUNDERS: What's your experience October 10, 2023 Page 227 with other folks? MS. WHITE: Yes, yes. And that's why -- as I said, I had -- I had stopped working for about eight years because I was raising twins, and we -- I mean, just as a patron of the library, we were there all the time. My kids -- still, we go there all the time. It's -- they love to read, and they love going to the library programs for the kids. And my mother, who's, you know, 86, she's always reading -- and she's actually found through some of, like, the book discussions -- like, there are books that have been introduced to her, and she's like, I never would have checked that book out before, but it was wonderful, you know. I mean, it was -- that's the whole thing is just to -- the thirst for knowledge. COMMISSIONER SAUNDERS: What I was trying to find out, though -- MS. WHITE: Yeah, sure. COMMISSIONER SAUNDERS: -- is other colleagues, other librarians, do you know what their experience has been with this organization? MS. WHITE: It's the same thing. That's where I got the COVID thing. I know I was home with my kids for that, but during COVID when the ALA quickly got out, you know, practices on what to do with the books and how to handle checkouts and how to handle -- I mean, like the stores are doing, come and pick up your -- I mean, all that kind of stuff, and that was all already on the website, so you didn't have to, you know, recreate anything. They got you -- they did what they're supposed to be doing for us. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN LoCASTRO: Thank you, ma'am. October 10, 2023 Page 228 MS. WHITE: Sure. Thank you, guys. MR. MILLER: Your next speaker is Jason Beal. He'll be followed by Monica Rawn. MR. BEAL: Hi, good afternoon. My first encounter with ALA actually was this year at the Lely High School, when I walked into the Lely High School, and I proceeded to see, Have You Seen Us? This is a list that they were asking the children and saying, hey, go to our ala.org/bannedbooks.com. Read these books that are being banned for free rights reasons. If you look at the deception here, on their poster they show Gone with the Wind, Invisible Man, books that we're familiar with as classics. When you go to the actual website, they do not list them as banned books. These are challenged books. And then you go to the actual directory of ALA instructing the schools about what they should do, and they literally say, this is how we're going to get the books that the schools do not allow because of the pornography, because of the queerness, because of what they're actually talking about in these books. And this is a backdoor that we can get our children to read these books. And these books are one, Queer -- Gender Queer, A Memoir. All of them are LGBTQ plus, supposed explicit sexual. I think we all saw the hearings here a couple weeks ago in D.C. That is what these books are. That All Boys Aren't Blue, the one that you heard in Congress about insert your cock in my mouth; I can't wait to have you, this is in our school on a poster asking our children to go read it, okay. It's still in our school. I was there last week. In fact, when I bought it up against the school, they were upset about it. They're upset because I said, what is with all the LGBQ queer stuff and the wearing of the pins and everything else, and why October 10, 2023 Page 229 do we still have this? And why do I go into the guidance counselor and I see "I read banned books"? This is a Marxist organization now. The leader says that. I would like to read something that Pam had sent me earlier today. I believe you're all familiar with her. CHAIRMAN LoCASTRO: Sir, all's I will -- all's I will ask is that you just watch the language. So I don't know what you're about to read -- MR. BEAL: Oh, no, no, no, no, no. I didn't repeat anything that was not said in Congress. CHAIRMAN LoCASTRO: Well, in here -- MR. BEAL: And which this was directly quoted from -- COMMISSIONER SAUNDERS: That's a low standard. MR. BEAL: -- quoted from that book. COMMISSIONER SAUNDERS: That's a very low standard with some of the -- MR. BEAL: It is a low standard. CHAIRMAN LoCASTRO: We're a higher standard. MR. BEAL: But I hope everybody here is shocked that that's what the ALA is recommending our children to read. And then they go farther to say, we need these books in our -- not only our teenage hands, in our children's hands. They need to be reading this in elementary school. They need to be reading this in high school. No, this is grooming. The first thing a groomer does, it exposes the children to pornography. Two things to desensitize them. And you know how I know this? I was groomed as a child. My sister was groomed as a child. And then they do deceptive things like, oh, it's only Gone with the Wind. Parents are like, oh, that's okay. It's the ALA. It's American association -- Library Association. It must be good. October 10, 2023 Page 230 Oh, look at the poster. Nothing wrong there as the children -- as we're walking through the school, unless you actually go to the banned books website, and then you see what it actually is. There's not one book like that listed on there. And they're not called banned books. They're called challenged books. They're challenged books because they're challenged on getting this pornography, which literally is pornography -- this type of language used to be sold just in sex shops. You had to go to your Penthouse, your forums and everything, to get anything that was -- resembled this language. Now not only is it in our Collier County schools, it's in our libraries, and now when we banned it from there -- because there is no repercussions for those teachers going out there and saying, hey, kids, read this. No, we asked them to tear it down. I went to the Collier County public school board, and they asked them to tear it down. Well, there's no repercussion, and then they went ahead, and they put it back up. Okay. So Pam sent me this. I would like to read this. She could not be here today. One second. This was -- my name is Dr. Pam Cunningham. I am in today to urge you to vote yes on this Agenda Item 11D, which I [sic] will terminate the relationship between Collier County and the American Library Association under the leadership of Emily Drabinski. As you may know, my family and I are avid patrons of the Collier County libraries. When we used to print our library receipts, they would often be longer than I am because we loved to take advantage of the good books of Collier. We are on a first name basis with many of our library staff, and I miss when they are off on vacation. However, our children are getting older. My husband and I find the process of navigating our libraries more challenging. October 10, 2023 Page 231 We see libraries as a place -- for place for peaceful acquisition of knowledge in our society. This is critical as a cornerstone of free society and educated people. We look to book collections and our libraries as tools of education, but we are careful nowadays because many of the books that we found are tools of indoctrination rather than education, and they're bringing it in our schools. This brings me to the new ALF president, Ms. Drabinski, who stated that libraries need to be a site of socialist organization. She stated that the ALA needs to make trouble, the kind of trouble that matters. She says that plans to tackle process issues facing librarians, including preparing librarians for climate change, consequences, ensuring collections of diverse [sic], hiring lawyers for libraries, et cetera, all to get this material in children's hands. CHAIRMAN LoCASTRO: Sir, please sum up. MR. BEAL: I'm finishing her letter. CHAIRMAN LoCASTRO: But you have -- MR. BEAL: We must support our Collier County libraries as a foundation of education and keep them free from left-wing political extremism such as the foundation of today, ALA. Many of the US towns have already recognized the ALA ideology of the ALA and carries a rejection [sic]. In doing so, the doors for the alternative library organizations, such as World Libraries Organization, which exposes the return of libraries through institutions based in goodness and faith. Please forward with yes votes on Agenda 11D. Thank you, gentlemen, for your proactive work on this issue. This is pornography. This should not be in the hands of children, and it should definitely not be in our public libraries. October 10, 2023 Page 232 Thank you. MR. MILLER: Your final speaker on this item is Monica Rawn. CHAIRMAN LoCASTRO: Is she here? MR. MILLER: Apparently I don't have -- is Monica not here? Apparently Monica's not here. CHAIRMAN LoCASTRO: So that's our -- MR. MILLER: That's everybody. CHAIRMAN LoCASTRO: Ms. Williams, I want to just ask you a question. I know the conferences that we, you know, are eligible for for the ALA. Do you know, have we gone to any in the past year or two? Do we frequent those, or, you know -- with our library leadership. Are you aware? MS. WILLIAMS: Within the past year, I'm going to defer to my library director. UNIDENTIFIED SPEAKER: Not since COVID. MS. WILLIAMS: Not since prior pandemic. Generally, in the past, prior to the pandemic. Public Library Association conferences every two years. We were more interested in sending -- obviously, being a public library, of sending representation and staff to the Public Library Association conferences. In the off-year, we would attend the American Library Association, and it would be, generally speaking, geared toward talking with vendors when we're getting ready to go out to RFP for new software, new services, new resources. It is a huge, vast tool for us in going to one location and being able to talk with vendors within the public library profession. CHAIRMAN LoCASTRO: And if there was a conference like that and we weren't an ALA member, we're still able to go. We just don't -- we just pay a higher price? October 10, 2023 Page 233 MS. WILLIAMS: Yes, sir, you are correct. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: I'm going to make a motion that we terminate our membership. COMMISSIONER SAUNDERS: I'll second. COMMISSIONER HALL: Second. CHAIRMAN LoCASTRO: Okay. So I've got a motion by Commissioner McDaniel. COMMISSIONER HALL: Four seconds. CHAIRMAN LoCASTRO: I'll go with Commissioner Saunders. Motion by Commissioner McDaniel. I've got a second by Commissioner Saunders. And just to clarify, there was a lot of misinformation out there. We're not defunding the ALA. We don't have that authority. This is all just about our membership, which is about to expire at the end of this year. So what we're deciding to do is to expire it immediately and probably not renew it unless we hear something back from you where you wanted us to reconsider our vote. But I have a motion by Commissioner McDaniel, second by Commissioner Saunders. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: Passes unanimously. (Applause.) MS. WILLIAMS: Thank you. October 10, 2023 Page 234 Item #11C RECOMMENDATION TO APPROVE AN AGREEMENT FOR SALE AND PURCHASE WITH (1) MICHELLE GUTH-BEACH, AS TRUSTEE OF THE LYNN AND ESTHER WILSON REVOCABLE LIVING TRUST (“WILSON TRUST”); (2), MARY L. HACKMANN, AS TRUSTEE OF THE CHARLES W. HACKMANN AND MARY L. HACKMANN REVOCABLE LIVING TRUST (“HACKMANN TRUST”); AND (3) PATRICK JOHN DIBALA AND NANCY GLORIA WOOD, AS CO- TRUSTEES OF THE DIBALA WOOD TRUST (“DIBALA WOOD TRUST”) UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $369,900 (JAIME COOK, DEVELOPMENT REVIEW DIVISION DIRECTOR). (DISTRICT 5) - MOTION TO APPROVE BY COMMISSIONER LOCASTRO; SECONDED BY COMMISSIONER MCDANIEL – APPROVED CHAIRMAN LoCASTRO: Next, 11C and 9D. MS. PATTERSON: Yes, Commissioner. That brings us to Item 11C. This is a recommendation to approve an agreement for sale and purchase with, one, Michelle Guth-Beach, as trustee of the Lynn and Esther Wilson Revocable Living Trust; two, Mary L. Hackmann, as trustee of the Charles W. Hackmann and Mary L. Hackmann Revocable Living Trust; and, three, Patrick John Dibala and Nancy Gloria Wood, as Co-Trustees of the Dibala Wood Trust under the Conservation Collier Land Acquisition Program at a cost not to exceed $369,900. Ms. Jaime Cook, Development Review division director, is here to present or answer questions. October 10, 2023 Page 235 MS. COOK: Good afternoon. Jaime Cook, your director of Development Review again. You have three properties for your consideration for purchase agreements today. The first, the Hackmann Trust, which is part of the Panther Walk Preserve area, was approved under the Cycle 10 Active Acquisition List in January of 2022. The other two properties, the Wilson Trust and the Dibala Wood Trust, were approved as part of the Cycle 11B Active Acquisition List, which was approved by this commission in February of 2023. So as we discussed before, the Panther Walk Preserve is located in the Northern Golden Gate Estates and protects the Horse Pen Strand area, which promotes -- protects and promotes drainage and floodwater attenuation in the Golden Gate Estates area. It does provide high-quality habitat for listed species, including wading birds, the Florida Panther, and the Florida Black Bear. It also provides wildlife corridor connection to CREW lands as well as private conservation lands both to the north of Immokalee Road as well as to the west in the area known as the Immokalee Road Rural Village in the Rural Fringe Mixed-Use District. So the Hackmann Trust parcel is 2.73 acres. You can see it's located towards the southwestern portion shown in yellow on the map. It is freshwater marsh with hydric soils. The purchase price of $63,000 is 90 percent of the appraised value of the property. And, Commissioner Kowal, going back to your request, the property taxes for 2022 were a little over $366 on this property. And it is important to note that when conservation does buy these lands, just with -- as with any other purchase of land in the county, Conservation Collier does pay the taxes for the first year October 10, 2023 Page 236 that they own the property. The next parcel, the Wilson Trust, is within Winchester Head. Similarly to Panther Walk, this area of Collier County, which is also in the Northern Golden Gate Estates, provides floodplain storage for the surrounding area and is critical to the modeling for stormwater management and has been an area of interest for the South Florida Water Management District as well as Stormwater Management for protecting. It also provides listed species habitat, including for the wading birds and the Florida panther. The Wilson Trust property, which is along the eastern boundary of Winchester Head, is 1.59 acres of cypress and marsh habitat. The purchase price of $39,800 is 100 percent of the appraised value of the property, and the 2022 property taxes were a little over $438. This parcel connects existing Conservation Collier lands, so it kind of fills in a gap between properties that Conservation Collier already owns within the Winchester Head Preserve. And the third property is within the Gore Preserve located along DeSoto Boulevard just north of I-75. The Gore Preserve provides habitat connectivity for wildlife both to RLSA lands and the panther refuge to its east as well as Rural Fringe Mixed-Use District sending lands, the North Belle Meade Preserve to the east, and Picayune Strand to the south. It provides habitat for listed species, including the panther and bonneted bat, and it does contain native plant communities, including wetlands and uplands. The Dibala Wood Trust property is actually three parcels consisting of a little over 18 acres of forested -- forested and shrub wetlands. The purchase price of $261,300 is 95 percent of the appraised value of the property. October 10, 2023 Page 237 At your -- at the last Board meeting at the end of September, you actually approved the purchase agreement for the one outlined in yellow right next to these three, so it will provide connectivity to a property we've previously purchased. Overall, these three properties will net 22.6 acres to Conservation Collier. The estimated management costs for the first five years are a little over $40,000, which would come from the maintenance trust fund, and the total purchase price for all three of these properties is $369,900. So staff's recommendation is to approve these three purchase agreements and acquire the properties as part of the Conservation Collier Land Acquisition Program at a cost not to exceed $369,900. And with that, I'll take any questions that you have. CHAIRMAN LoCASTRO: Do we have any questions? We have public comment, too, I see that. How many speakers? MR. MILLER: One. CHAIRMAN LoCASTRO: Okay. Let's go to our public comment, and we can always ask Ms. Cook some questions. MR. MILLER: Your public comment is Brad Cornell. CHAIRMAN LoCASTRO: What a shocker. MR. MILLER: Sir, if you could find your way to one of the podiums. MR. CORNELL: I'm looking, I'm looking. CHAIRMAN LoCASTRO: You've been here all day, too. COMMISSIONER HALL: Are we charging him rent? MR. CORNELL: This is a long day. So Brad Cornell on behalf of Audubon Western Everglades and Audubon Florida. So we're very supportive of these three parcels. And I only wanted to comment -- make a couple comments about October 10, 2023 Page 238 these. All three of these are in Golden Gate Estates. These are examples of these multi-parcel strategies of reassembling super fragmented Golden Gate Estates resources that are really, really important for both wildlife, for our water resources, and for the Golden Gate Estates communities, for its safety and for its well-being and sustainability. So that would be mitigating catastrophic wildfire risk, flood protection, water quality, and keeping those wells in good condition for water supply, especially in years where we haven't had as much rain, like this year. So it's a real win as we put all these back together. And I just want to make one last comment about the Bob Gore purchase. So at the last CCLAC meeting, the last advisory committee meeting, there was some footage shared from the fStop Foundation, which has some cameras under the -- what is it? I can't remember. One of the canals -- Miller Canal, I think it is, where they're showing all the wildlife; bears, panthers, turkeys, alligators, everything, otters, that are moving back and forth between North Belle Meade and North Golden Gate Estates and the Picayune Strand, and they're moving back and forth also between the panther refuge and our North Belle Meade Preserve. So this is a really important connection in terms of wildlife, and it works north and south, too, going underneath I-75, which you would think would be a death trap and has been until FDOT starting putting these ledges underneath where the cats and the wildlife can walk. It works, and this is part of making it work. Thanks very much for your support. CHAIRMAN LoCASTRO: I'd like to make a motion to approve. October 10, 2023 Page 239 COMMISSIONER McDANIEL: Second. CHAIRMAN LoCASTRO: I have a second by Commissioner McDaniel. And I just want to say, contrary to what's been maybe published by some, Conservation Collier isn't dead. We didn't slash it. We haven't killed it. And today we actually made a lot of really -- all the decisions we've made on Conservation Collier were very positive today. And I'll echo that it's always a positive thing when we see citizens that accept a little less than the appraised value. I think it was, like, $20,000 there. Some parcels that you're bringing to us for consideration are, like, $22,000. So, you know, we said in a meeting a long time ago, if we sort of trim the edges on these appraisal offers, we might be able to acquire some additional parcels with the money that we've been saving, and I think we've seen that here just in a short amount of time. So I have motion to approve. I have a second by Commissioner McDaniel. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? (No response.) CHAIRMAN LoCASTRO: It passes unanimously. MS. COOK: Thank you. CHAIRMAN LoCASTRO: Thank you. Item #9D October 10, 2023 Page 240 RECOMMENDATION THAT THE BOARD ADOPT AN AMENDMENT TO THE CONSERVATION COLLIER ORDINANCE THAT EXPRESSLY AUTHORIZES THE BOARD TO TRANSFER FUNDS FROM THE CONSERVATION COLLIER ACQUISITION TRUST FUND AND THE CONSERVATION COLLIER MANAGEMENT TRUST FUND FOR ANY OTHER COUNTY PURPOSE DEEMED TO BE IN THE BEST INTEREST OF THE PUBLIC BY MAJORITY VOTE OF THE BOARD OF COUNTY COMMISSIONERS. (ALL DISTRICTS) ORDINANCE 2023-47: - MOTION TO ADOPT BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL –ADOPTED MS. PATTERSON: Commissioner, that brings us to Item 9D. This is a recommendation that the Board adopt an amendment to the Conservation Collier ordinance that expressly authorizes the Board to transfer funds from the Conservation Collier Acquisition Trust Fund and the Conservation Collier Management Trust Fund for any other county purpose deemed to be in the best interest of the public by majority vote of the Board of County Commissioners. I'll hand it over to County Attorney Klatzkow to begin this conversation. MR. KLATZKOW: Commissioners, the proposed amendment to the Conservation Collier ordinance expressly gives you the power to transfer funds both within the two trust funds and also outside the trust funds. This ordinance mirrors what the Board did during its second budget hearing and puts the public on notice that the Board has this -- indeed, has this power, which I believe is an implicit power anyway. October 10, 2023 Page 241 CHAIRMAN LoCASTRO: Yeah. Okay. We've got public comment. How many speakers, sir? MR. MILLER: This time we have eight. CHAIRMAN LoCASTRO: Okay. We'll go to public comment. MR. MILLER: Your first speaker is, let me see if I can read this, Brad Cornell, and he will be followed by Carson McEachern. I'll ask the speakers to line up at both podiums. Thank you. MR. CORNELL: Thank you. Brad Cornell, again, Audubon Western Everglades and Audubon Florida. Audubon recommends that the Board of County Commissioners not amend the Conservation Collier ordinance in order to assure adequate funding for expected acquisitions in Fiscal Year '24 and to continue with the land management strategy pursued successfully for 20 years. That is a permanent land management trust fund that generates interest used for the long-term management of these lands annually. Without responsible annual management, these properties' resources will degrade and even pose fire, flooding, and exotic infestation threats to citizens around them. This wastes vital public resources and is unwise. The sweep of nearly $40 million from this trust fund, the Management Trust Fund, will cripple this management responsibility. That trust fund also serves as a de facto emergency reserve for the county such as when Hurricane Irma hit, and it helped pay for our recovery after that hurricane, and then it was paid back after that. The county should retain these trust funds. My second comment is that there are currently almost October 10, 2023 Page 242 $20 million of pending contracts, expected contracts and likely Cycle 12A purchases in Fiscal Year '24. In addition, there will be an unknown number of properties for Cycle 12B in response to today's target protection area mailing approval, and that's likely going to be at least 5 to $10 million, if not more. There also is a 2,200-acre property in Immokalee whose owner is very interested in selling to Conservation Collier and some other departments in the county. That property includes a large portion of the wetland slough that feeds into Lake Trafford and is estimated to cost between 20 and $23 million. There isn't enough funding in fiscal year -- in Fiscal Year '24 for all of these acquisitions, which total almost $40 million alone for this coming year. Finally, Audubon is very encouraged by what -- the Board's recent action on September 26th to unanimously approve a motion to improve Conservation Collier and streamline its main goals of buying environmentally critical lands and managing them in perpetuity. This is the real measure of success for Conservation Collier, the acreages protected and restored, the number of imperiled species protected, and the water resources protected for generations to come. Audubon wants to work with you and your staff on those improvements; ideas like buying properties as they're evaluated, rather than once or twice a year, or using strategic consultants to speed up that acquisition process. Again, Audubon Western Everglades and Audubon Florida urge you to keep the ordinance as it is, not amend it, and move forward with creating ways to improve this immensely popular and essential green infrastructure program that benefits all Collier County citizens. CHAIRMAN LoCASTRO: Thank you, sir. October 10, 2023 Page 243 MR. CORNELL: Thank you. MR. MILLER: Your next speaker, Carson McEachern. He'll be followed by Stephany Carr. Mr. McEachern has been ceded additional time from Jeanene Jewitt, who is in the back of the room. Sir, you'll have six minutes. MR. McEACHERN: Good afternoon. MR. MILLER: Sir, could you take a step closer to the microphone, please. Thank you. MR. McEACHERN: Good afternoon, Chairman LoCastro and commissioners. I'm Carson McEachern. Hopefully each of you received the email I sent you on October 7th at 5:35 p.m. regarding the previously levied, collected, and segregated funds under Ordinance No. 2002-63 as most recently amended by Ordinance No. 2019-03 as to Conservation Collier. The gist of my email is that I do not believe that you have the tax authority or the legal right to retroactively change the above-mentioned ordinances to utilize for general purposes Conservation Collier's funds that currently are in segregated accounts. The basis of my argument is that the ordinance created two express trusts, being an acquisition trust and a management trust. Section 6.2 and 7.1 of the ordinances are very clear that these funds shall be deposited in separate and segregated accounts -- trust funds of the county to be used solely for the authorized purposes set forth herein. Florida Statute 518.10, definition of fiduciary would include the county and would require the county to comply with Chapter 518, investment of fiduciary funds. Under Florida Statute 518.13, it addresses authority of a court to permit deviation from terms of the instrument creating October 10, 2023 Page 244 trusts. According to -- I believe the Circuit Court would be the proper authority to determine if the county has the fiduciary authority to invade segregated trust funds. We have 12 years of precedent administering these funds in separate and segregated trust funds. The funds should remain segregated until such time as a court of proper jurisdiction determines otherwise. The ordinances even cover the situation that if there are insufficient uncommitted funds in the Acquisition Fund, then the funds are recommended for transfer to the Management Trust Fund, not back to the General Fund of the county. The authorized purposes are limited to acquisition of lands and then the management of the acquired lands. There is no general-purpose language in the ordinances. The ordinances are very clear in 8.6.B that the goals and primary criteria of Conservation Collier may not be modified except by countywide referendum. The attempt of the Board of County Commissioners to expand the ordinance for the purpose deemed to be in the best interest of the public by majority vote of the Board of County Commissioners radically expands the goals and primary criteria of Conservation Collier and is in violation of the ordinance requiring a countywide referendum. There is case law that if a statute is clear and unambiguous, then you don't look beyond that. This means that you would not look to implicit powers that the county may have. There's an Attorney General Opinion that the creating ordinance must create, in the ordinance, the language it needs to address as to the levying of taxes. The ordinances are clear on their face that the taxes levied are only for Conservation Collier, not the general purpose of the county. The first 10 years now known as carryover funds, as well as October 10, 2023 Page 245 2022 and 2023 taxes, were noticed under a separate individual line item, then they were levied and collected and segregated under the ordinances as they now stand before any further amendment. As to these funds, I do not believe the county has the tax authority to retroactively change the special purposes for which those taxes were collected to general purposes. If under the guise of this ordinance subsequent taxes are collected, then possibly these taxes may be used for general purposes, but the county cannot take the existing segregated trust funds for general purposes. Thank you. MR. MILLER: Our next speaker is Stephany Carr. She'll be followed by -- CHAIRMAN LoCASTRO: Let's just take -- I want to ask the County Attorney something. So the last speaker said very definitive, black and white, yes and no type of thing. So, County Attorney, you're our legal counsel. What is your response to what you just heard? MR. KLATZKOW: The item before you is the amendment of the ordinance. Should the amendment be adopted, then the Board will have the express right to do what the Board did at the second budget hearing. CHAIRMAN LoCASTRO: Okay. Thank you, sir. MR. MILLER: Your next speaker is Stephany Carr. She'll be followed by Diane Preston-Moore. MS. CARR: With the exception of Commissioner Saunders, you have betrayed our trust. MR. MILLER: And your next speaker is Diane Preston-Moore, and she will be followed by Andy Wells-Bean. MS. PRESTON-MOORE: Good evening. I'm Diane Preston-Moore, and I'm president of the League of Women October 10, 2023 Page 246 Voters of Collier County. We appreciate all of the Board's decisions today regarding Conservation Collier, but I'm here because the League is concerned about this board's willingness to use money in Conservation Collier trusts to cover a budget shortfall. I'll not address the value of the Conservation Collier Program because it's clear that the voters in this county place a high value on it. Rather, the League's concerned about breaching the principles of good governance by failing to follow the county's own ordinance, by changing the ordinance to justify the Commission's actions, and by disregarding the will of the voters. The Board's using the funds in a way that's not authorized. The Conservation Collier implementation ordinance required funds to be kept in a separate and segregated trust fund to be used solely for the authorized purposes. The language of the ordinance is clear. It's specific and limited. Money in the trust can only be spent on transactions related to purchasing and maintaining land associated with Conservation Collier. Limiting words like "solely," "separate," "segregated," and "for authorized purposes" emphasize restrictions on how funds could be used. The ordinance doesn't contemplate that this would become a slush fund to be used for any reason; rather, the funds were set aside for specific limited and clearly delineated purposes. Now there's an amendment to change the rules under which Conservation Collier is administered to allow the money in the trust to be used for any other county purpose deemed to be in the best interest of the public. Well, the public has already spoken loud and clear about its best interests in three separate referendums. Over a period of 18 years, Collier County voters overwhelmingly supported setting aside tax dollars for acquiring October 10, 2023 Page 247 and preserving land. By using Conservation Collier funds to cover other budget expenses, this board disregards the will of the voters. Further, changing the rules midgame to cure a decision that was counter to the county's own law is not good governance. It sounds like a bait and switch. The people of Collier County voted for Conservation Collier and trusted that the county would manage the program without using its funds for other purposes. It is not the League's place to tell you how to do your job, but we believe that you can find a way to fund the county's programs without using Conservation Collier funds. The people of Collier County deserve a government that's responsive to the clearly expressed will of its voters. They deserve good governance. We ask that you do not approve the amendment to the ordinance. Thank you. MR. MILLER: Unless I'm putting the wrong face to the name, I don't believe Andy Wells-Bean is still here. He's not. Gordon Brumwell. And I have one speaker on Zoom, Chris Briggs. So we will -- I do believe he wants to speak. I've tried to reach out to him. We'll come to him after Mr. Brumwell. MR. BRUMWELL: Hi. Gordon Brumwell, District 4. You know that any county purpose is not what almost 60 percent in '02, 80 percent in '06, and 77 percent of the voters in 2020 voted for. We don't need to be legal experts to know that's not what they voted for. About 30 percent of our county's registered voters are Democrats. The vast majority turned out -- vast majority of all voters turned out in 2020. So assume this 30/70 ratio held for October 10, 2023 Page 248 that election. If only every Democrat voted for Conservation Collier, that would be just 30 percent of the voters. Seventy-seven percent of the voters voted for Conservation Collier. Do the math. Support for Conservation Collier is very, very bipartisan. I know that each of you have spoken to a few full-on antitaxers, and you might think they represent the voters on this matter, but some basic statistics here. Your few conversations cannot, statistically, give you the insight into the electorate like the 151,000 people who voted for Conservation Collier in 2020 can. You'd have to have some huge number of conversations, which you can't humanly have. Those voters got lost in this conversation. So I'm just making sure we all realize that passing this amendment, perhaps not legally, but certainly in the voters' eyes, means the trust of 150,000 voters will be broken. So please kill the amendment so you can maintain their trust. Barring that, remember at the meeting that led up to this amendment, the whole idea was considered a pause. I read through it, and those 150,000 people, I had not seen any allusion -- allusions to pausing, paying back, whatever. Those 150,000 people would like you to add paused and payback language if you pass the amendment. So, like, seriously, I know it's been a long day, some of you are nodding off, I'm -- these 150,000 people are literally the vast majority of voters, and they want you to discuss how to assure us that this is a one-year pause, and any borrowed monies will be paid back. Thank you. MR. MILLER: Mr. Chairman, we have one speaker online, and that is Chris Bigg [sic]. October 10, 2023 Page 249 Mr. [sic] Biggs, you're being prompted to unmute yourself, if you'll do so. I see you're unmuted. Chris, you have three minutes. MS. BRIGGS: Thank you. Much appreciation to all of you for your endurance. I'm a faithful attendee of HOA meetings, but the stamina required for your board meetings, even with breaks, is amazing. You must have assumed that you had the ability implicitly to transfer funds, as you mentioned. It's obvious from previous speakers that that may be questioned legally. What you did is done. By the way, kudos to Commissioner Burt Saunders who voted against taking the money from Conservation Collier. But your transfer of funds has caused serious concerns in the Collier community. Do not make the situation worse. Do not lose potential voters. I'm an independent who's been here eight years full-time with my husband, and I have voted for the members of the Commission. I voted for one member in particular who represents my District 1. But if you pass this recommendation, you basically are saying you don't care what the voters want. People will see your decision as even more politically motivated. They understood the cynicals say you did it at the September 22nd meeting as a way to ensure reelection by putting off raising taxes prior to your upcoming -- upcoming competition. Many remember that the Collier County Republicans recommended a no vote on the 2020 referendum. Many also remember that the Board did not approve any Collier County Conservation Collier property acquisitions on December 13th, 2022. October 10, 2023 Page 250 Please come together, all five of you, to defeat today's resolution. It's not the promise made to the voters with the referendums in 2002, 2006, and 2020, one that I voted in. All three, as the others have attested, had a supermajority of voters in favor of a tax for land acquisition and preservation. The Conservation Collier Program got support from 77 percent of the voters. We did not vote to give you five representatives, forgive the terminology, a slush fund when needed. As voters, we voted for land acquisition and preservation which is desperately needed for the wildlife here, as the presence of a bear recently roaming Fifth Avenue at night clearly demonstrates. Bears commonly roam our residential communities now. It's only a matter of time before something happens, a person is injured, and the bear has to be killed. The 77 percent who voted didn't vote to give themselves -- to give the commissioners money to use for whatever they desired. I had -- at the September 22nd meeting, 500 people wrote letters or made phone calls, and I'm one of those, opposed to any reduction of funding for Conservation Collier. Additionally, at the meeting, 55 people lasted to the end to address the Board expressing similar sentiment. No one even had a thought -- because they got reassuring letters, like I did from commissioners. No one even had a glimmer that you would gut the Maintenance Fund to avoid raising taxes. Please, please, all of you, remember the heritage of Rookery Bay in 1963 when the Collier County Conservancy, National Audubon Society, Nature Conservancy galvanized community support that resulted in the purchase of 3,362 acres of land that would otherwise be destroyed. October 10, 2023 Page 251 Please respect the 77 percent of Collier County voters and, trust me, I've never missed an election, so I'll be voting in the next one, so will my husband, who voted that Collier -- Conservation Collier be solely used for land acquisition and preservation, not anything a majority of the Board might think is good. Thank you for listening. MR. MILLER: That is all our public speakers, Mr. Chair. CHAIRMAN LoCASTRO: Okay. Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah, I have some questions for staff. Jaime Cook, maybe Chris, if you can hustle up here as well. I just -- I want a little history, if I may. And if we were to pass this amendment to the ordinance, how much money is left in Conservation Collier both in acquisition and perpetual -- or not perpetual, escrow for maintenance? MS. COOK: I'm going to let Chris answer that question. He's got the final numbers. COMMISSIONER McDANIEL: Okay. And then you -- while he's giving me those answers, you give me, as best as you can, the estimate as to the last three to five years average acquisitions expended and ongoing maintenance for the last three to five years. MR. JOHNSON: Good afternoon, Commissioners. For the record, Chris Johnson, your director of Corporate, Financial, and Management Services. Did you want the fund balances or the actual acquisition dollars that were budgeted this year? I'll give the fund balances. COMMISSIONER McDANIEL: Okay. October 10, 2023 Page 252 MR. JOHNSON: The fund balance includes the transfers, but the fund balance in 172, which is our acquisition fund, is $51 million. Of that, 20 -- excuse me. Give me one second here -- of that, 26.9 million is set aside for acquisitions this year. As far as the Maintenance Fund goes, the fund balance is 50,154,000, and 10 million -- around 10,100,000 is set aside for the maintenance reserve. COMMISSIONER McDANIEL: So plus/minus 37 million -- MR. JOHNSON: Thirty-seven, 38. COMMISSIONER McDANIEL: -- between the two funds. MR. JOHNSON: Correct. COMMISSIONER McDANIEL: Okay. MS. COOK: With regards to your question, maintenance is about 1.4 dollars -- $1.4 million a year is expended. Active acquisitions, we have acquired -- spent about -- sorry. I'm doing math in my head. COMMISSIONER HALL: I see the smoke. MS. COOK: It's late in the day, man -- about 15 million in the last three cycles. COMMISSIONER McDANIEL: Per year? MS. COOK: No. Total. COMMISSIONER McDANIEL: That's about 5 million a year. CHAIRMAN LoCASTRO: Five million a year. MS. COOK: Correct. COMMISSIONER McDANIEL: That was my question. It's about 5 million a year. MS. COOK: Correct. COMMISSIONER McDANIEL: And so -- and, you October 10, 2023 Page 253 know, the one speaker -- one speaker brought up the -- you know, the discussion that I'd like to have sooner than later is how do we repay these funds? Because I'm in agreement with making the amendment to the ordinance to transfer the funds and cover the -- cover the delta between the rate-neutral and rolled-back rate that we passed, but I want to -- I want to have a discussion on repayment of these funds and how we can -- how we can re-establish the funds back -- the monies back into these accounts. So, I mean, in my little math up here, the current fund for reserves for ongoing maintenance will cover us for seven years at the $10 million amount, and at the previous expenditures -- and I know there are properties that are coming up that are more expensive, and so on and so forth, but we've averaged 5 million a year in expenditures for the past three years, and that leaves us close to, going forward, in excess of five years’ worth of future purchases. So the rationale that we've gutting Conservation Collier doesn't hold weight with me. I think it's as healthy as -- not necessarily as could be, but it is -- it is certainly in good shape. So thank you for that. CHAIRMAN LoCASTRO: Okay. I've got everybody lit up here. I'm going to go -- Commissioner Saunders is next, and, then, Commissioner Hall, sir, you're on deck. COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. And, Commissioner McDaniel, you've hit on an area that I wanted to raise a few questions about, and so I ultimately will pose a question to my colleagues here on the Board. We certainly can make an argument that there are sufficient funds within the program right now to get us through 2024. That's the argument everybody's making. October 10, 2023 Page 254 Now, that doesn't take into account some very substantial acquisitions that our committee is looking at, but let's just set that aside for a moment. I think it's a foregone conclusion that this ordinance is going to pass. It will be a 4-1 vote, but it will pass. But the question -- the concern that I have, the real concern that I have is something that you raised, and that is, how do you begin to restore the funds into Conservation Collier? Well, that becomes a matter of, will the Board tonight, each of you, make a commitment that in the 2025 budget that .224 mills that is now set aside for Conservation Collier will actually go into Conservation Collier. If you make that commitment and you honor it, then we have an ongoing program. If you're not willing to make that commitment and your position will be we may still reduce the amount going into Conservation Collier, then that program is in jeopardy. So that's the question I would ask you. The rolled-back millage rate for Conservation Collier is .224 mills. Will you commit today to making sure that in our next budget cycle .224 mills will fully go into Conservation Collier and stay there? CHAIRMAN LoCASTRO: One of the reasons why I think -- you know, and I'll just jump out here -- is the reason why I think we could do that -- I mean, saying, you know, commit tonight, you know, okay, but hear me out a little bit. We gave ourselves a lot of homework assignments of some things that we want to do to the county budget to save money, to spend money more wisely, to cut back on waste, and one of the reasons why I think we'll be in a much better portion to entertain that question is, unless we fail on all those things, unless we bring in a consultant that doesn't do the proper work, and unless we fail on all those areas that we promised we were going to dive into, then -- you know, then, maybe it is a total failure. October 10, 2023 Page 255 But I think the reason why that is definitely something that I think -- I would hope we could all commit to and it could -- maybe it could even be healthier than that. Maybe it's higher than .224. But I think between now and then, all the homework assignments that we have are going to build and improve upon the amount of money that we're going to have at our -- you know, in our coffers. So I agree with Commissioner McDaniel, I don't think we're raiding anything. I think we were -- our job, also too, is not to just collect funds. It's also to manage funds properly. So I know -- and I respect, you know, citizens that have come to the podium and reminded us what they voted for, but I also talked to a lot of citizens that were flabbergasted that there was this much money in the coffers, and there was only five million a year being spent. Most citizens I talked to were shocked to hear that. So not everybody thinks it was a black-and-white thing. But, you know, Commissioner Saunders, you know, to your challenge, your statement, I'd feel comfortable committing to that because I think that this panel, all five of us, regardless of how we vote on this ordinance, are committed to being able -- to rolling up our sleeves and finding the extra funds in the county budget and also where money might be being wasted. And if we don't do that, then -- you know, then I think we failed across the board. So I think we've put our -- we've backed ourselves into a wall on purpose because we're committed to making sure that we spend taxpayer dollars wisely; we just don't collect them blindly. And that's why I voted the way that I have, because I think the biggest part of our job is management of taxpayer funds and not just collection. October 10, 2023 Page 256 But I've got other commissioners lit up here. That's how I feel about that. I actually think the challenge you throw out there is something that I think -- I'd be surprised if we all didn't, you know, accept that challenge. Commissioner Hall, sir, and then Commissioner Kowal. COMMISSIONER HALL: Thank you, Chair. Sure, Commissioner Saunders, I mean, it was my intent at 1:00 in the morning the other night, and it's still my intent -- COMMISSIONER McDANIEL: It was 2:00. COMMISSIONER HALL: It was 2:00 by the time we got home. But I mean, it was -- that's always been the intention. And we have the cart before the horse a little bit, and we've put ourselves under the -- you know, behind the eight ball because we want to take a good look and cut some expenses and get this thing running smoothly. And with those results, I feel very confident that we'll obtain that and fully fund Conservation Collier. The public perception should never be that we're trying to get rid of it or we're doing bad governance by, you know, borrowing some of those funds that were never going to be used. I said the other night that I think it's actually selfish for the Conservation Collier people to want to hold onto all of those funds when we can't spend -- we haven't been able to spend them appropriately, and we're trying. So we're not defunding or we're not doing away with any Conservation Collier Program. We're -- we fully believe in it, are behind it, are trying our best to do what the thing is intended to do. But like Commissioner LoCastro said, we also are stewards of the money, and I think that this is a responsible way to do that in our county to get things rolling in a way that I think we'll all October 10, 2023 Page 257 be proud of and, at the same time, Conservation Collier's going to win, and the people are going to win, the county staff's going to win. It's going to be a win-win situation. And if you can't understand that, I'm sorry. I'm doing my best to explain that. But we believe in Conservation Collier, and our commitment level to keep it rolling is very high. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Yeah, I have to agree with Commissioner Hall. I mean, that night at 2:00 in the morning, that marathon meeting we all sat here through and, I believe, did the best we could in figuring out what we needed to do moving forward, I never intended the following year or the next tax year that we were going to -- we were going to let it stay in -- you know, at the 2.2 or whatever. You know, we don't know at this point. I can't say at this point the 2.2 may even have been -- it may have been more next time we have this budget meeting, because that all depends on the market itself. It depends on the market of -- the housing market here in Collier County, sales of homes, increase in value of homes, I mean, you know, the add-value tax. We may collect more money this year than we anticipated to collect regardless. So, you know, these are things we have to be faced with later and, plus, know, the idea of streamlining and cutting where we can and to bring us more -- into more, you know, cohesive machine moving forward, and we are being good stewards of the tax dollars. You know, even at the 2.2, they're looking at making $33 million in the next budget cycle, and, you know, that may even be more than that because at 2.2 with -- you know, we're collecting more value tax for a lot of homes being purchased and October 10, 2023 Page 258 built right now in our county. You know, it's funny that, you know, we have a lot of people stand up here and fight the fact that we -- growth and we build homes, and, you know -- and, you know, I hate to say it, but a percentage of some of the people I heard that night think of Conservation Collier as, like, Berlin wall to keep people out of Collier County, and I don't think that's what it's supposed to be used for, and I don't think that's the intention of it is to be used for. But I got that feeling from a few people -- of the, I don't know, 72 speakers or so that we heard that night. You know, that's -- that's not really what it's intended for. It's intended for -- to have a true mission and to conserve, you know, our lands and our habitats, our natural habitats, and they have places to furish [sic] and use our water control management areas and the sloughs and things like that that makes sense, you know. And I think we've been targeting this, and we gave instruction to staff to, you know, target certain areas that make sense, you know. I understand that the Panther Walk is -- that's a very -- we just started trying to acquire a lot of properties in there, and there's a lot of red in there. But just like anything else, eventually, hopefully we'll get there with the participation of the public. But, you know, I looked at that number. We were looking at $90 million sitting between those two accounts, and then I'm getting an unfunded list from the staff saying that we can't even afford to buy bathing suits for our lifeguards at our county pools. And I sit over there, and I think that's very selfish of the people that came in here and felt like we were raping this fund of its -- you know, that we were totally shutting this thing down October 10, 2023 Page 259 and not paying any attention to it. I took insult to that, because I think what we've been doing is efficiently offering monies. People have been accepting less money than the assessed value. We've been actually -- so we saved another $20,000 today. It keeps adding up. You know, the last couple meetings we've purchased cycles here that have been on the list. If you start adding the savings up, we probably have the opportunity to buy some more property just because of that reason, and people were against us. People stood before us and was against that, of us negotiating prices because they felt we should just give the assessed value, and that's it, because that's the way we've always done it. But guess what, it's not the way we're always going to do it, because there are better ways to do things that are more efficient, to make it work for all of us, and I think that's what we did that night when we put our money back in our emergency fund by doing what we did because, believe it or not, I can remember Hurricane Wilma on my son's birthday, August 25th -- a Category 5, October 20th, struck this county. So we're not out of hurricane season yet, and we depleted our emergency funds with Hurricane Ian. We're walking around with $800,000 left in there that had $39 million, and it did go to fix a lot of things that Conservation Collier believes in, that money. So if you think that's not just as important to have that money back -- and I even sat up here -- and I don't know if you could still do it. I don't know if it's legal or not, but FEMA still owes us money. Now, Commissioner McDaniel made a comment. Backfilling some of this money. Maybe we won't have to use it. If we can put the money back into FEMA -- into our October 10, 2023 Page 260 emergency fund to fill those gaps, then we don't need to put as much in Conservation Collier. I don't know. But that's things we have to look down the road here as we move forward. So I pretty much said my piece, but thank you. CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: And I do have a couple comments, but I would ask Commissioner McDaniel if he had a position in reference to the commitment to at least do the .224 mills in our next budget cycle because I -- COMMISSIONER McDANIEL: I'll go after you. I'm lit up after you. COMMISSIONER SAUNDERS: Oh. Okay. I was just -- again, I'll look forward to that. We have -- the Board, a couple weeks ago, passed a motion to direct staff to redo this program and to look at it more creatively. And so I think we're -- I think with staff working on that with commitments to continue the funding of this that we've had -- we've heard tonight, I think folks that are supportive of Conservation Collier should go away tonight with at least a bit of optimism -- a lot of optimism that this program will continue. This genuinely was a pause, not a process that would ultimately result in the program disappearing. So next year we should be getting a minimum of .224 mills, and as Commissioner Kowal -- I think Commissioner Kowal said, maybe more, maybe the full .225 -- .25. COMMISSIONER KOWAL: When we have the numbers before us, we make a determination. COMMISSIONER SAUNDERS: At least we have a floor, and that, I think, gives everybody -- will give everybody some comfort. CHAIRMAN LoCASTRO: Commissioner McDaniel. October 10, 2023 Page 261 COMMISSIONER McDANIEL: And on the note, specifically, with your question, Commissioner Saunders, my goal is to say yes to that. There's a lot of information that we need to ascertain. I made some suggestions on our first agenda item today that our community not look at lands that are known to be environmentally sensitive, just because we're not geared for those types of purchases. I made a suggestion of additional amendments to the ordinance to move into something that you suggested that I really thought was a great idea, and that's moving into easement processes as opposed to taking fee simple ownership, which will save us money and expenses and still give us the protection, environmentally, that we're looking to do. Adjustments to the ordinance that currently call for the extinguishment of property rights for lands acquired by Conservation Collier so that those property rights, both from a development standpoint, criterium, and/or environmental sensitivity. The PHUs and the mitigation opportunities for these lands that are acquired can be utilized for the benefit of our entire county. So -- and I think those are going to be additional benefits or enhancements that we can do to Conservation Collier that are going to help the program immensely. On the specific question -- I haven't answered your question -- I know you're sitting down there waiting for me to -- the goal is to say yes. I want to -- and I shared that with Meredith when we took a break there the other night at the -- at the hearing for our budget. The goal is to refund these monies. My decision that night was to pause Conservation Collier and not fund it at all, and I didn't want to do that, but by going back to rollback, we did fund October 10, 2023 Page 262 Conservation Collier with an additional $31 million. We came into that hearing with 70 million and then put another 31- into it. Now, borrowing, as the case may be, transferring out to satisfy the difference between the rate-neutral and the rolled-back rate, was a path that I felt was more plausible for us to do and then dive deeply, as Commissioner LoCastro likes to say, into the budget, into the processes where we can effectuate savings. But there are other -- there are other dollars that we haven't even talked about, and that is the new properties that are coming onto our tax rolls; what are -- what our revenues are, in fact, going to be estimated to be next year. And my goal is to not do this twice. I said it to our senior staff that night; I don't want to have these discussions going forward. We're going to move hard and fast on the potential savings and the additional revenues and replenish these funds that are being borrowed, as we say, relocated over to cover the budget shortfalls. A portion of these monies at the rate neutral, there was -- if my recollection is correct, there was close to 17-, 18 million going into the 301 fund, which is the Capital Asset Replacement and Maintenance Fund. We're in the final stages of actually ascertaining what that number should be, needs to be, on an ongoing basis to support -- I don't mean to have my back to you. COMMISSIONER HALL: No, I'm listening. COMMISSIONER McDANIEL: To support the ongoing maintenance of our -- of our asset base, close to $2 billion worth of assets that we own both in the replacement side and, ultimately, the capital requisite to replace those assets on an as-needed basis when they do, in fact, require that. So not all of these -- not all of these monies are just going to pay for lifeguards or swimming suits at our swimming pools. October 10, 2023 Page 263 So I want the message to be heard that this is -- I don't have any issues whatsoever in trying to kill Conservation Collier or do anything other than utilize these funds that are there that haven't been used in the past to offset the budget shortfalls that we have and then replace them as quickly as possible. COMMISSIONER HALL: Absolutely. COMMISSIONER SAUNDERS: Mr. Chairman, could I ask the budget director just one quick question? CHAIRMAN LoCASTRO: Yes, sir. COMMISSIONER SAUNDERS: Just a quick math problem for you. .224 mills at our current tax base would generate how much? MR. JOHNSON: At the current tax base, it was the $31 million. COMMISSIONER SAUNDERS: Okay. That's all. I just wanted to -- MR. JOHNSON: That's it? All right. COMMISSIONER McDANIEL: That's what -- when we did the rolled-back rate, Commissioner Saunders, that was the 31 million that we -- at the rolled-back rate that we actually allowed for to go into Conservation Collier. COMMISSIONER KOWAL: I don't know, I'm trying to remember myself, but I thought 31 million was what we collected the year before. COMMISSIONER HALL: Thirty-five. COMMISSIONER McDANIEL: No, that was this year at the rolled-back rate. COMMISSIONER KOWAL: No, I'm saying at the rollback, they were still going to make almost a million point five more than what we had collected the year before, even at the .225, and we were -- if we didn't roll it back, they were going October 10, 2023 Page 264 to collect 35 million. COMMISSIONER McDANIEL: It was 35 million if we stayed at rate neutral, 31 million rolled-back rate, and then we had approximately 70 million in reserves walking into that meeting. COMMISSIONER KOWAL: Okay. I'm going to go back to Commissioner Saunders' question about a pledge of what we're going to do between now and 12 months from now, and I'm going to say something a little more stronger and maybe a little bit more definitive. I actually don't think it should be our goal. I think it should be our job. And I think that also -- and I've said before, our job's not to just blindly collect funds, but we're -- and I hear everything the citizens are saying. And it is a little bit disappointing, maybe, when they haven't been in some of the meetings that we've been in. It makes it sound like we're arbitrarily just deciding things quickly when people say that, you know, we raided Conservation Collier to create a slush fund. If you actually sat in the budget meetings, there's nothing slushy about the things that we're trying to fund in this county. I've said before, no commissioner wakes up in the morning figuring out how to make bad decisions and make our county worse. But I'll go on record saying I think it's our job. It's our duty. Nobody was trying to slash Conservation Collier or end it, and I think we did a lot of creative and smart things to make sure that we spread the wealth a bit and that money didn't sit in a fund and collect dust while other things were being hampered significantly. And, lastly, I'll say a lot of accusations have come in over email and even from some speakers today that we did something October 10, 2023 Page 265 that was illegal, immoral, or unethical. We have a county attorney that keeps us legal, moral, and ethical, and we look to his judgment and guidance. And so, I think he has been very clear in what we are allowed to do. Could be unique, could be something that was unexpected, but it's not illegal, immoral, or unethical. And I think the majority of us up here, the supermajority, felt that it was the right thing to do under the circumstances of some very challenging and difficult economic times. But it's not lost on us what we did do and what we have still yet to do to, you know, continue to uphold our responsibilities as commissioners and the job that we have to do, you know, going forward. Commissioner McDaniel. COMMISSIONER McDANIEL: With that, I'll make a motion for approval. COMMISSIONER HALL: Second. CHAIRMAN LoCASTRO: Okay. I've got a motion for approval on the ordinance from -- go ahead. COMMISSIONER SAUNDERS: Yeah. I was going to say, just on the ordinance, just for consistency purposes, I'm going to vote against the ordinance. Obviously, it's going to pass, but I just, you know -- CHAIRMAN LoCASTRO: Okay. Well, we know that. When I say "opposed?" then that's when you chime in, so... COMMISSIONER McDANIEL: Speak up. CHAIRMAN LoCASTRO: Okay. So I'll -- boy, I'll go back to the formal way that we run this meeting. Sir, have you ever been an elected -- no, I'm just kidding. I've got a motion by Commissioner McDaniel on the ordinance, I have a second by Commissioner Hall for the October 10, 2023 Page 266 ordinance as it's written. All in favor? COMMISSIONER HALL: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN LoCASTRO: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN LoCASTRO: Opposed? COMMISSIONER SAUNDERS: Aye. CHAIRMAN LoCASTRO: It passes 4-1. COMMISSIONER McDANIEL: Ta da. MS. PATTERSON: Commissioners, that brings us to Item 15, staff and commission general communications. Item 15A is public comments on general topics not on the current or future agenda by individuals not already heard during previous public comments in this meeting. MR. MILLER: We have no people registered at this time. COMMISSIONER HALL: Brad's still here. COMMISSIONER McDANIEL: Yeah, Brad, do you want to -- CHAIRMAN LoCASTRO: We're going to end on a -- some people might not want to exit early. We're going to end on a super positive note about the rock crushing lot, right? Okay. I mean, that's my pledge to this group. COMMISSIONER McDANIEL: I heard there was not -- the word "rock" was not going to be allowed to be spread here. CHAIRMAN LoCASTRO: It's not. There's no rock left. So it's "the lot." It's just -- now we call it "the lot," the Santa Barbara/Davis lot. Ms. Cook, give us the high points of how we're making progress and all that you and your team and everybody has done. MS. COOK: The crushing has been completed on the site, October 10, 2023 Page 267 and the crusher has been moved off the site. It was gone as of last Friday. The contractor is still working on kind of condensing all of the rebar and some of the other construction debris that was on site so they could haul it offsite. Commissioner, you asked a question yesterday. We did reach out to them. They expect that that process will take about three weeks. So by the end of October, they should be done with all of that. The berms that I had mentioned last time that the Water Management District is requiring around the preserves may take a little bit longer because they have to move those. The District is going to have to inspect them and sign off on them, so that may make a little bit longer. But the crusher is gone, and we expect the rebar and all other debris to be offsite by the end of October. CHAIRMAN LoCASTRO: Okay. Thank you. All's I would say to add -- and it goes without saying, but just for the record -- let's continue to keep visibility on that site as aggressively as we had so nothing reappears. Number two, obviously it goes without saying, no more additional rock. So if they found something at another site somewhere and they want to just sort of sneak it in, absolutely not. And I think we all expected that there would continue to be work. We have work going on on lots all over Collier County, but the main heavy lifting type of things it sounds like are finished, and we're going to wean ourselves off of the medium things that they're still doing. So continue to, you know, at least give me an update, and when I get an update from you that I think is something substantial enough, that's when I'll suggest to you, hey, you October 10, 2023 Page 268 know, give us an update at the end of the commissioner meeting just so everybody knows what's going on. But a lot of hard work by a whole bunch of people, a lot of visibility, a lot of visibility by citizens. And the lot on Santa Barbara and Davis is looking more like a lot, and let's ensure that it continues to move that way and that we keep the pressure on that -- not that they've moved a couple pieces of equipment, now they have sort of an open timeline. So I'm encouraged to hear you say end of October we start to see another big muscle movement of improvement, and I think that's encouraging. MS. COOK: And thank you to all of you guys for your patience and support. This definitely was a team effort, Code Enforcement, Engineering inspection staff have been out there every day, so much appreciation to them for all of their hard work as well. CHAIRMAN LoCASTRO: Okay. Thank you. MS. COOK: Thank you. CHAIRMAN LoCASTRO: County Manager, what's next? Item #15C STAFF AND COMMISSION GENERAL COMMUNICATIONS MS. PATTERSON: We are to Item 15C, staff and commission general communications. We do have a couple of items for you. We did speak to each of you at our one-on-ones individually but, collectively, the Training and Manufacturing October 10, 2023 Page 269 Institute, which is one of our community priorities for surtax, there's been a potential new piece of information that has emerged relative to a building that was looked at in the past and now potentially being available again. Spoken with Dr. Ricciardelli as well as Eileen Connolly-Keesler from the Community Foundation -- I know she's reached out to some of you as well -- on the possibility of opening up conversations about that building being the ideal setup and location for this -- for this -- for this facility. I'm looking for at least Board nods to open that conversation up to including being able to bring that potential purchase to this board for their consideration. It may be a quick-moving topic, so I want to be able to move along so that we aren't positioned as we were a couple of years ago when it slipped away. CHAIRMAN LoCASTRO: I mean, you already know you have a strong nod from me. Commissioner Saunders. COMMISSIONER SAUNDERS: Yeah. I spoke to Dr. Ricciardelli about that. She called me a few days ago, and I encouraged her to move forward with whatever they thought was going to be the best vocational education facility for our students, and it sounds like that's going to be the location. It's going to be a little bit more expensive, but I had encouraged Eileen as well to look for some philanthropy, which she is doing, and for the school board to look for some funding as well, because we have $15 million in our sales tax, and I think this property may -- with the improvements, may exceed that. So they're going to -- they know that they have to make up the difference. MS. PATTERSON: Yes, sir. So we'll move out on that October 10, 2023 Page 270 and report back when we have additional information. Number two, we have received an inquiry from one of our legislators about some difficulties in the Bonita/Estero area with their boat ramps. It's going to be a number of months before they're really up and operating, and they're having some difficulties with some of their small charter businesses being able to launch. They'd really like us to maybe lend a hand, if we can. Now, understanding that we are not without challenges due to Hurricane Ian, just not nearly so much as our neighbors to the north. Wanted that for visibility for you-all in case anybody reaches out to you. At this point in time, we're looking at what -- at what we might be able to do to help them out because if we -- if the shoe were on the other foot, of course, we would hope that they would be similarly situated to help us. So we will look at any options that we have that we may be able to provide, and we'll bring that back to you as well for guidance. But should you receive any calls, that's what's going on. COMMISSIONER McDANIEL: Can I ask -- CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: Can I ask, did they specify specific requests for help or what -- MS. PATTERSON: Yes. So you know that -- since we've talked about it a number of times -- we require the permit to be able to launch out of our marinas. Without those permits, folks that are out of Lee County can't launch out of our marinas. So I think they're just asking, is there anything that could be done. It wasn't a specific request to do a specific thing but, rather, to look to see if there was any type of relief we might be able to give. October 10, 2023 Page 271 COMMISSIONER McDANIEL: We might be able to help them by lifting the requisite for -- the permit requisite for commercial operators and -- MS. PATTERSON: Yeah, or maybe offer a few or offer a time period or something. COMMISSIONER McDANIEL: Sure, of course. MS. PATTERSON: I think we're going to talk to -- talk to our Parks folks, talk to Lee County folks, and just see what we can do to offer any assistance, and we'll bring -- of course, before we do anything, we'll bring that back to you-all. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: We're going to have some extra parking for them. MS. PATTERSON: Yep. Well, it could be -- CHAIRMAN LoCASTRO: A million-dollar lot. MS. PATTERSON: It could be a race to see if their docks are repaired before we build the parking lot. That might -- CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: I think it's a great idea to help out, but I would be -- really would encourage you not to eliminate the need for a license. These folks would have a license in Bonita Springs or in Estero. And I think the issue is, can we just honor their business license. We don't want to open this up to anybody that doesn't have a license. MS. PATTERSON: No, sir, and that's why we're planning on reaching out to Lee County so that we can make sure we've got our arms around numbers and things that we're dealing with. CHAIRMAN LoCASTRO: I'm a little concerned, because I have a lot of marinas in my district, and, of course, you've got Caxambas that's totally basically almost fully closed; Goodland that's busting from the seams because the Caxambas people October 10, 2023 Page 272 moved over. So, obviously, I know you're not recommending anything. We always want to be good stewards, but we have some limitations of our own. I mean, I've got people in my district that actually have all of the -- all of the permits, all of the permissions to use our own marinas and can't or it's full, the parking lot's full, they're forced out. And so it's nice to be able to do anything, but I would say we can't do everything. And so although I feel for them up there, we're not without, you know, issues here. And we've got some of our own citizens that are really boxed out of our own marinas and our boat ramps and whatnot. So I know you'll take that into consideration, but -- MS. PATTERSON: Yes, sir. CHAIRMAN LoCASTRO: -- certainly, that's a concern. Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. And I just -- thank you, Commissioner Saunders, for clarity. I had no intention of waiving the permit at all. I assumed that Lee County had requisites and we could honor those and let those folks that are not able to use Lee County -- I had -- for the clarity, I had no intention of lifting the ban on the permits for us. MS. PATTERSON: Yes, sir. CHAIRMAN LoCASTRO: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. It's -- to me it sounds like this is just kind of -- because of this particular representative who represents a part of our county also now, it sounds like he's just looking for help for that Bonita, kind of, area there that -- MS. PATTERSON: Yes, sir, that's what he indicated. COMMISSIONER KOWAL: So we're not talking all of October 10, 2023 Page 273 Lee County. MS. PATTERSON: No, sir. COMMISSIONER KOWAL: Yeah. So I think it's just limited to -- MS. PATTERSON: Southern Lee County. COMMISSIONER KOWAL: -- the southern portion right there. COMMISSIONER SAUNDERS: Could I -- COMMISSIONER KOWAL: Intermingling. CHAIRMAN LoCASTRO: Yes, sir. COMMISSIONER SAUNDERS: -- ask a question? In some of the private developments that are on the coast, do they have boat ramps for their residents in some of these? I assume that there would be. MS. PATTERSON: In Lee County? COMMISSIONER SAUNDERS: No, in Collier County. MS. PATTERSON: Oh, yes, there are places that have private -- COMMISSIONER SAUNDERS: Maybe it would be a good idea to reach out to some of the privately run facilities and see if they can also help, because I'm sure that they would be willing to -- MS. PATTERSON: Maybe. COMMISSIONER SAUNDERS: -- at least think about it. MS. PATTERSON: We can -- we'll ask. We'll turn over all the options that are out there to be able to see what we can do because, again, we're not in a perfect situation ourselves. We have a bit of a deficit of boat launch as well, so... And lastly is just refresh the conversation on a consultant to start the budget conversation with us. We view this as a multiyear effort, so what we start this year may grow into a October 10, 2023 Page 274 larger effort in follow-on years but, at minimum, we really believe that we need to bring somebody on that is going to take a look at the budget, meet with key stakeholders, which includes all of you, our constitutional officers, and others, members of the public that have participated in this process. We definitely need somebody that has familiarity with local government because, otherwise, it's going to be -- it's a straight-up learning curve, and we're not positioned time-wise where that's going to be the most efficient. Because we've committed to you that we're reversing this process a little bit, and we'll be back in front of you in January with a workshop to talk about the strategic plan and the AUIR as well as how those things inform the budget policy before we develop budget policy, we would like this person to be on board as soon as possible. A couple suggestions of places that we could go, at least as a starting place, are -- universities do often have centers for government and finance. That would be one place. So that's potentially FGCU, Florida State, FIU, FAU. We could look at each of those. Additionally, Florida Association of Counties does have a number of connections to folks that were former county managers, budget directors, and others that are deployed out to provide assistance to local governments. I imagine that the League of Cities is the same. And, lastly, the ICMA is the International County/City Managers Association, does the same type of thing, people with specific expertise that can come into the counties and give a hand. The reason I'm saying this is we do have procurement rules, so even if we were all to put our heads together and put together October 10, 2023 Page 275 a list of individuals, there are certain ways we can do things and certain ways that we can't without other things. And to get into a long procurement type of situation is not going to get us to our goal of really having a meaningful conversation in January. So our suggestion would be to look one of -- either to one of the academic institutions or to one of those other groups that I mentioned for this preliminary work, and then we can explore, as this starts to evolve, if we need to bring on additional resources. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: I am not opposed to bringing in the universities or whatever, but I would like -- in my mind, that's going to be last resort. I'm fully focused and intentional on trying to find someone very worthwhile. We've got resources out to Manatee County. They just recently started their zero-based budget process with a third-party consultant. I've reached out to Commissioner Mike Rahn there for his -- not his advice, but his experience with them for what they're doing. As far as the procurement process, if we can come up with three or four very experienced people that I think that we would be confident in that us, as a commissioner board, we could look at that as -- let me put it this way. My intentions are to have this in place well before January. So that ball is rolling. I can't -- I wish I had more to report on it. As I get more -- I don't mind taking the lead on it at all. And I've got feelers out there in the community, and I've got people that I trust that would have the best intentions for the county, and once we get that list, I'll bring that list forward as fast as I can get it. But as far as the -- as far as the -- if we have to use administrative staff of universities for some advisory roles or, October 10, 2023 Page 276 you know, some things to get us rolling in the right direction, I'm not opposed to that at all, but I don't want to lean on them. COMMISSIONER McDANIEL: As soon as he calls on me, I'll talk. CHAIRMAN LoCASTRO: Commissioner McDaniel. COMMISSIONER McDANIEL: What are you doing down there? Are you making dinner plans? CHAIRMAN LoCASTRO: No. I'm over here calling on you-all. COMMISSIONER McDANIEL: Okay. We just -- we have to be careful that we don't get caught in our own procurement rules. COMMISSIONER HALL: I understand that. I've talked to Mr. Klatzkow. COMMISSIONER McDANIEL: In going to -- going to the agencies that our County Manager's suggesting alleviates us of that, at least on the -- COMMISSIONER HALL: I understand. COMMISSIONER McDANIEL: -- infancy stage. And my question is, how quickly are you -- are you going to be able to -- because we don't want to hear about these entities in January at the workshop. We want to hear -- are you going to be able to get us an update, like, every meeting as to how your progress is going with FGCU and -- I mean, you know, the Florida Association of Counties and that sort of thing? MS. PATTERSON: Yes, sir. As soon as you-all give me the nod, I'll come back at the next meeting to give you some options that could start that give you a couple names, and we can say if we want it to be FAC, ICMA, FGCU. We'll give you the best of what we can get out of those. They may just be the person that gets us to January and looks over our shoulder as we October 10, 2023 Page 277 start to develop policy. In the meantime, we could be bringing on more robust consulting help. COMMISSIONER McDANIEL: Sure. MS. PATTERSON: What -- I think we all are in the same place. I don't want to be having this conversation with you in January when you look at us and say, why didn't you bring some -- at least somebody on to help. COMMISSIONER McDANIEL: Well -- and that predominately was my -- that predominately was my question. I just -- MS. PATTERSON: Yes, sir. COMMISSIONER McDANIEL: We're all in agreement that we want help in some form or format, and your suggestion certainly is worthy, but we don't want to get caught in our own rules at the same time. MS. PATTERSON: Well, help may build on help. So we may just start out with a little guidance from one of our -- one of our groups that assists us with different things, and then we take additional steps to bring on, again, like I said, more robust help or longer-term help. This is a very big budget, so it's going to come in bites. COMMISSIONER McDANIEL: Sure. MS. PATTERSON: It's not -- you know, it's going to take time. COMMISSIONER McDANIEL: There's no argument about that, but the goal is to lean in on it -- MS. PATTERSON: Yes, sir. COMMISSIONER McDANIEL: -- with assistance and outside eyes that are familiar with government budgeting at the same time. MS. PATTERSON: Yes, sir. October 10, 2023 Page 278 COMMISSIONER McDANIEL: And the fact that Manatee's moving into a similar process is encouraging, but we don't necessarily have an interlocal with them to be able to hire their consultant that they went through a procurement process with. So we just don't want to get caught up in being this before we get there. MS. PATTERSON: Sure. And if we engaged with somebody from Florida Association of Counties or from one of the colleges or universities does not preclude us, if it makes sense to bring somebody on shortly thereafter, say, the Manatee consultant, from doing that. They most certainly can work together or have different roles in this process. There's plenty of work for everyone. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: I believe that Hillsborough County is also engaged in zero-based budget process as well as maybe Hallendale city beach city. So we have some options out there. But like I said, as long as we move forward and kick this horse in the butt, I'm good. COMMISSIONER McDANIEL: I'm good, too. I like the idea. CHAIRMAN LoCASTRO: So I think, County Manager, to answer your question, you've gotten the nod -- MS. PATTERSON: Yes, sir. CHAIRMAN LoCASTRO: -- right? I think. I would just add that I think we're all focused in a laser beam way to find improvement when it comes to analysis of our budget. All's I would say is let's make sure there's not too many cooks in the kitchen. Because sometimes you've got too many people. Everybody's trying to help and reaching out to all these different entities and counties. October 10, 2023 Page 279 So I would say, let's make sure that this is a line item on every single commissioner meeting going forward that we talk -- this is always a bullet at the very end so we know we're comparing notes. And then, of course, you're meeting regularly with commissioners separately. Let's just make sure that we're being completely transparent. So it's great that we cast a wide net, but we're talking about really doing something on a very short timeline and really taking action and having success. And sometimes you can cast a wide net and do a whole lot of nothing. So let's make sure that, you know, at some point you keep us focused, and we make sure we don't get out of our lanes, you know, either. MS. PATTERSON: Yes, sir. CHAIRMAN LoCASTRO: So -- okay. I don't have anybody lit up. MS. PATTERSON: That's all I have. County Attorney? MR. KLATZKOW: Yeah. Just to follow up on that conversation, this type of activity's exempt from competitive process in Collier County. Amy's got the ability to hire somebody without having to go through the rigmarole of our purchasing ordinance. MS. PATTERSON: Okay. County Attorney, what's the dollar threshold on that? MR. KLATZKOW: There is none. MS. PATTERSON: Okay. COMMISSIONER McDANIEL: Take no prisoners. MS. PATTERSON: Understood, sir. CHAIRMAN LoCASTRO: What else? Mr. Rodriguez, do you have anything? MR. RONSHOLT: Just want to say thank you for your October 10, 2023 Page 280 support with the boat launching -- the boat vehicle trailer parking spaces. If you remember a year and a half ago, I think three, if not all five of you commissioners stated, go find some more boat parking, and it starts with these public/private partnerships. In addition, Commissioner Hall, as you stated, Mr. Dick Corace helped this county tremendously, as you stated, but a lot of people don't understand how much he helped, because in the last three major hurricanes that hit here, especially this last one with that storm surge, Dr. Yilmaz and his team, we were looking for debris sites. And as you know, North Collier was hit the worst with that storm surge, and we were able to reduce that turnaround time for those vehicles to get back out into the community to collect that debris expeditiously thanks to Dick Corace, it was, literally, one call away. You called him, and he said, whatever I can do to help the county. So great partnerships, like Pelican Bay and some others coming our way in the future. Our County Manager has directed us to find these opportunities where they exist, and we appreciate your support. Thank you. MS. PATTERSON: To you, Commissioners. CHAIRMAN LoCASTRO: Okay. Commissioner Kowal, final comments. COMMISSIONER KOWAL: I know I was referenced a few times in talking about the taxable amount of these properties, you know, directly. I appreciate it, because I did ask and, you know, I wanted to know this moving forward. Just, for the record, though, I mean, this is just what the face value of these undeveloped properties are. I mean, this is not if it was -- if it was privately owned it would be different, and if private money was invested into it, the October 10, 2023 Page 281 tax base would be much higher. So once the government owns it, I know we pay it the first year, then after that it's no longer an option to collect taxes from these properties. So I just wanted to make it clear that, you know, it's not exact science. You know, I asked because I was -- you know, I wanted to have a -- compare moving forward, you know, that -- you know, how much property Collier County owns as a government and, you know, in relation to -- you know, we don't have a crystal ball to say, all right, if private money did invest and develop these properties, what would we really collect, you know, and we don't know. We don't know. But I appreciate, you know, letting me know the 500 here, 600 here. Keep it up. I do appreciate it. But -- and I know I did -- I had the opportunity to speak to Ellen also in reference to that new property that just came up possibly for the school and the tech school, but I don't know if -- she expressed to me -- I don't know if she expressed to anybody else -- that it's kind of like the timeline is crucial. We're talking, like, a 30-day window or, you know, maybe -- you know, something like that. MS. PATTERSON: Yes, sir. COMMISSIONER KOWAL: You know, so I don't think we want to drag our feet and figure out if this is an option or not down the road. But -- and with the budget stuff, I like everything we've been talking up here. I mean, sooner than later we need to have a plan and something in place, keep moving forward in the right direction, because it's on us, you know, to be good stewards of the tax dollars, like we said, and so we can keep a lot of these programs running and funded in the future and run efficiently like we should, you know, so... October 10, 2023 Page 282 You know, just like yourself, you budget your own home. You know what you have in the bank account. You don't budget for more than what you have or what you can spend. So, I mean, we have to be that way also, so... Ready for dinner? CHAIRMAN LoCASTRO: Commissioner Saunders. COMMISSIONER SAUNDERS: I was wondering if I could ask Brad Cornell a quick question, with the permission of the Board. CHAIRMAN LoCASTRO: Sure. COMMISSIONER SAUNDERS: Brad, if you would. And this is a question for Brad and for County Attorney. We've been talking about a lot about Conservation Collier, and we have -- you have direction from the Board to rework the Conservation Collier ordinances, and I'm not sure if you have any update or any estimation as to when we might start to see a work product from that or what we can do to help move that along. I don't know if there's been any time, even, to delve into it. But this -- it's critically important that we get changes to that ordinance as quickly as possible so we can make the program more efficient in terms of acquiring properties -- identifying properties and acquiring the right ones. So that's a question for the three of you. You know, what can we do to expedite that, and where are we? MS. COOK: From staff's side, we have actually started reaching out to the members of the CCLAC for days and times that they would be available within the next few weeks or so that we could get together. Staff would have a chance to, you know, rereview the ordinance and see what's in there, come up with any suggestions and be able to discuss those with the CCLAC October 10, 2023 Page 283 members. Obviously, those -- there's rules, subcommittee meeting is public, so we would -- we would make sure that the NGOs and other interested parties were invited as well to provide any input. COMMISSIONER SAUNDERS: Brad, do you have any thoughts? MR. CORNELL: Sure. Brad Cornell with Audubon. If you're asking whether you want Audubon to take over the Conservation Collier Program and to dictate all the budget policy, then I've got some great ideas. COMMISSIONER SAUNDERS: No, but I know you intend -- you're familiar with all the rules and everything, and your input would be important. MR. CORNELL: And we have participated in all the meetings, and as your staff -- as Jaime Cook is saying, the ordinance and rules committee, subcommittee, is going to be the forum in which to bring those forward, and also your staff is very experienced. You have staff that have been working on this program for two decades, and so they have some great ideas, as well as in Real Property. And so, you know, I think we should be looking at the process both in terms of soliciting participation, moving those applications forward efficiently so that it doesn't have to sit maybe for an entire year before they even get ranked. Let's find ways to expedite that, but then let's also look at the real property appraisal negotiation and closing process; how do we speed that up? And, for instance, I think that Real Property is hiring outside consultants for doing closing, which helps with that sort of bottleneck that -- you know, when you've -- for instance, Cycle 10 had 40 properties right out of the gate when we first October 10, 2023 Page 284 started the program, 40 applications, and it became a real bottleneck for the staff to work that, because they hadn't been doing anything on that scale for 10 years for Conservation Collier. So it was a real shock to the system. So let's find ways to do things like that to make this more efficient, and I guess that would be the process. COMMISSIONER SAUNDERS: Yeah. Mr. Klatzkow, any thoughts? MR. KLATZKOW: Yeah, I'd probably do it a different way, but nobody's directed me to do anything, so I'll just be happy to work with Jaime and Brad. COMMISSIONER SAUNDERS: Well, I think the Board basically has directed staff, and that would include you, to get this done, get -- and we don't -- there are other programs around the state as well, so -- MR. KLATZKOW: The issue is do you want to work through CCLAC, or do you want staff and me to come together with something, and then when we have something, then bring it to CCLAC? Because it's going to take forever through the process of going through CCLAC subcommittees and everything else. COMMISSIONER SAUNDERS: I think our staff needs to come up with some proposals -- we can take it to CCLAC, but I don't think we can sit back and say to the committee, "do this." You have the staff and the capability, along with the rest of our staff, to work up something. You've got the direction. So it's got to come from you. MR. KLATZKOW: I'd be happy to spearhead this. COMMISSIONER SAUNDERS: Please. That's my position. I don't know if the rest of the Board would agree, but -- October 10, 2023 Page 285 COMMISSIONER McDANIEL: (Raised hand.) COMMISSIONER SAUNDERS: Yeah, yeah. I'm glad we had this conversation, because we'd be sitting here for six months waiting for the CCLAC to come up with something, and I didn't realize that's where we were. So, yes, you've got five nods, I think, to -- CHAIRMAN LoCASTRO: Yep. COMMISSIONER SAUNDERS: -- take the proverbial bull by the horns and work with our staff and CCLAC and get this done. CHAIRMAN LoCASTRO: Did you notice how Brad Cornell thought we were all nodding off up here, and he tried to take over immediately and pull everything underneath his umbrella? Not so fast, young man. Anything else, sir? COMMISSIONER SAUNDERS: No, sir. That's all I had. Thank you. CHAIRMAN LoCASTRO: Commissioner Hall. COMMISSIONER HALL: On the Conservation Collier, I got some ideas, you know. You could use the fact that we limited or took some of their funds -- you could send the people in these letters, you could say, look, we have only limited funds to work with. If you want to -- if you want us to buy your property, you need to act now. You could turn that around and say, we have a limited window of buying opportunity instead of just willy-nilly whenever the seller wants to do it. You might want to put a little time motivation on them. Just a thought. You get the seller to pay for their closing. They'll get it done faster than we will because they want the money. You get the seller to pay for the appraiser. They'll get it done faster because they want to close. So those are just my October 10, 2023 Page 286 two cents' worth on that. But I thought today's conversations, I thought the decisions, I loved working with you-all today. It was a good day. It made me feel good as a commissioner, especially as it's still kind of new. Appreciate it. CHAIRMAN LoCASTRO: Commissioner McDaniel, you don't have anything, do you? COMMISSIONER McDANIEL: Other than to just -- I wouldn't recommend that the seller pay for the appraiser just because he who pays for the appraisal gets what the appraisal is. COMMISSIONER HALL: Gets what they want. COMMISSIONER SAUNDERS: Made as directed or -- made as instructed. COMMISSIONER McDANIEL: Correct. And so I do like the seller paying the closing costs, and I think if our County Attorney is spearheading the efforts for the adjustments to the ordinance, we're going to -- we're going to see those things happen in short order. I'd really like to take it CCLAC for their input and advice and thought processes as to what we're proposing, but I like the fact that our staff grabbing onto it and bringing it -- then bringing it back will be very beneficial. That's all. CHAIRMAN LoCASTRO: Before I make my closing comments, Mr. French, you look like you're gearing up to say something. MR. FRENCH: Again, respectfully, I remind the Board I've had it -- we've had it for four months. If you -- we always work with the County Attorney, and we appreciate the opportunity to do so. I'd like the opportunity to perhaps bring you back in some October 10, 2023 Page 287 ordinances -- ordinance considerations in December. You've asked for a number of changes, which I think we've been quick, and I appreciate the acknowledgment, Commissioner Kowal, and we're going to do everything we can on top of our other work. But we will -- we'll get that back to you. I think that you'll be pleased. You've trusted us in the past with affordable housing policy, which I think we've advanced that for you. And it's not that we want to rest on our laurels, but I think that you've got the right team here between Ms. Cook, myself, Mr. Bosi, Cormac, and the list goes on. You've got a bunch of committed, dedicated professionals throughout the county, clearly, but no more than at Growth Management, I can assure you of that. So we'll have this back to you in December, if you'll allow us, and we will work with the CCLAC as well as with Brad and Meredith and the County Attorney's Office and everyone that we've not mentioned here. You have my word. CHAIRMAN LoCASTRO: Okay. Thank you. My closing comments: County Manager, just a couple of things to make note of maybe for a future meeting, sooner than later. You know, in the past we've said, hey, give us an update on the Paradise Coast Sports Complex, or we want an update from the TDC. So here's a couple things that I had just written down. I think it's time for us to get an update on the Golden Gate Golf Course, and that could be something that Commissioner Saunders gives us. And no news is sometimes no news, but -- and I mean that as an entity. Anything new on the VA hospital? Probably not. I think we've taken that to the nth degree. We've talked a little bit October 10, 2023 Page 288 about the affordable housing building, and maybe that's moved a bit. And then First Tee golf course. So I'm not looking for an answer. We've already gone real long. I'm just putting it on there as, you know, something we don't want to fall off the edge and, you know, we're asking about this in February. And the second thing I wrote on here, because I don't think it's district specific, is the rebuild of Caxambas. We talk in here about budget and how much money we have and how much money we don't and FEMA reimbursement. All of the -- citizens from all of our districts use Caxambas, and it's a main focal point of a main marina that has serious damage. So I think it behooves us all to get an update on where we are, where we're moving forward, what maybe some assessments are on appraisals for the work, because it's a big dollar figure between seawalls and the destroyed marina, the destroyed docks, the destroyed restrooms. I mean, there's a lot of damage out there, and, obviously, we have it barely opened right now just to nonmotorized boats, which is basically a very small amount. So I just throw that on there -- something sooner than later. And then just, lastly, my closing comments. I agree with everything that's been said up here. Today was a really good day for witnessing incredibly impressive citizen engagement but also applicant and developer flexibility. You know, we had citizens that walked in here with stickers that basically said vote no on everything, and then they walked out of here -- because they were flexible. They were also very communicative not only in Commissioner Hall's district, but in Commissioner Saunders' district with the storage unit, hearing that they met with the applicant multiple times. I mean, I hope people that October 10, 2023 Page 289 are watching witnessed that's the way you do it. If you come in and just say, we're saying no, we're digging our feet in and it's no or nothing, you may not like the idea. But -- and I'll also say to, you know, my colleagues up here, commissioner negotiation was also well in play here. You know, we had a -- you know, an acre and a half of a lot, then it turned into three acres. Now we're getting a million-dollar check, and I think that's what it takes, and it takes all of us. You know, a rising tide lifts all boats. This is the first time ever, however, that I've ever heard a citizen not want a fire station. In my district, I need a thousand fire stations. So if they don't want the one in yours, move it to my district. I've never heard -- never heard that before. You know, you can always make the sirens less loud, but saying that, you know, you don't want a fire station -- and I say that tongue in cheek. I know what they meant. Lastly, I just want to thank Commissioner Kowal for starting the meeting with your comments about Israel. Even though we dealt with a lot of big things in here, there are way bigger things happening outside of this building, outside of our state, and outside of our country, and all over the world. They're not the only country that's suffering right now, but we're seeing a lot of it, you know, very quickly, and it's extremely horrific. And I know our thoughts and prayers go out to everyone in that country, our local Jewish community as well, and everybody's praying for them. So having said that, today was another good one. Nobody was nodding off up here, I'll go on record as saying, for sure. Thank you. We're adjourned. ***** October 10, 2023 Page 290 ****Commissioner McDaniel moved, seconded by Commissioner Hall and carried that the following items under the consent and summary agendas be approved and/or adopted**** Item #16A1 RECOGNIZED PROGRAM INCOME FROM THE IMMOKALEE CULINARY ACCELERATOR IN THE AMOUNT OF $19,130.77, APPROPRIATE THE FUNDS TO MAINTAIN AND REPAIR KITCHEN EQUIPMENT PURCHASED THROUGH THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) RURAL BUSINESS DEVELOPMENT GRANT, AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS. Item #16A2 RESOLUTION 2023-178: A RESOLUTION AMENDING RESOLUTION 2008-331, RELATING TO STEWARDSHIP SENDING AREA WITH A DESIGNATION AS “CLH SSA 14;” APPROVING THE EXTENSION OF CERTAIN DATES TO NOVEMBER 18, 2025, IN THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR CLH SSA 14 AND THE ESCROW AGREEMENT FOR CLH SSA 14. Item #16A3 RESOLUTION 2023-179: A RESOLUTION AMENDING RESOLUTION 2008-329, RELATING TO THE STEWARDSHIP SENDING AREA WITH A DESIGNATION AS “CLH & CDC SSA 15,” APPROVING THE EXTENSION OF CERTAIN DATES TO NOVEMBER 18, 2025, IN THE STEWARDSHIP SENDING AREA October 10, 2023 Page 291 CREDIT AGREEMENT FOR CLH & CDC SSA 15 AND THE ESCROW AGREEMENT FOR CLH & CDC SSA 15. Item #16A4 ACCEPTED THE AWARD AND EXECUTE A GRANT AGREEMENT BETWEEN THE COUNTY AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR THE RESILIENT FLORIDA PLANNING GRANT PROGRAM IN THE AMOUNT OF $46,700, EXECUTE ALL NECESSARY FORMS, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT (FUND 1829). Item #16B1 APPROVED AN AGREEMENT FOR THE ACQUISITION OF A FEE SIMPLE PARCEL (PARCEL 104FEE), A TEMPORARY CONSTRUCTION EASEMENT (PARCEL 104TCE), A TEMPORARY DRIVEWAY RESTORATION EASEMENT (104TDRE), AND A RIGHT OF ENTRY (104ROE), REQUIRED FOR CONSTRUCTION OF THE VANDERBILT BEACH ROAD (US-41 TO GOODLETTE-FRANK ROAD) WIDENING PROJECT NO. 60199. ESTIMATED FISCAL IMPACT: $57,280. Item #16B2 APPROVED THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH JACOBS ENGINEERING GROUP INC., RELATED TO REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 23- 8103 FOR “GOLDEN GATE CITY WATER RESOURCE October 10, 2023 Page 292 PROTECTION - RESTORATION MASTER PLAN,” AND DIRECT STAFF TO BRING A PROPOSED AGREEMENT BACK FOR THE BOARD’S CONSIDERATION AT A FUTURE MEETING. Item #16B3 AUTHORIZED THE NECESSARY BUDGET AMENDMENT TO REALLOCATE FUNDS IN THE STORMWATER CIP FUND (3050) FOR A TOTAL AMOUNT OF $6,488,000. Item #16B4 PROVIDED AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF TWO CONGESTION MANAGEMENT PROJECT APPLICATIONS TO THE COLLIER METROPOLITAN PLANNING ORGANIZATION FOR THE FISCAL YEAR 2030 CYCLE IN THE TOTAL AMOUNT OF $2,285,000. Item #16C1 APPROVED A UTILITY AGREEMENT BETWEEN CSC FARM, LLC (DEVELOPER), AND THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING EX-OFFICIO AS THE GOVERNING BOARD OF THE COLLIER COUNTY WATER SEWER DISTRICT (DISTRICT), SETTING FORTH THE TERMS AND CONDITIONS FOR PROVIDING POTABLE WATER, WASTEWATER AND IRRIGATION QUALITY WATER SERVICES WITHIN THE COLLIER ROD AND GUN CLUB AT THE PRESERVE (THE DEVELOPMENT). (THIS ITEM A COMPANION TO ITEMS 17A & 17B) October 10, 2023 Page 293 Item #16C2 APPROVED AND AUTHORIZED THE CHAIRMAN TO SIGN A FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM CONTRACT MODIFICATION NUMBER FOUR FOR FIFTY-THREE (53) PORTABLE GENERATORS EXTENDING THE PERIOD OF PERFORMANCE (CONTRACT #H0419). Item #16D1 APPROVED AND AUTHORIZED THE CHAIRMAN TO SIGN ONE (1) RELEASE OF LIEN FOR FULL PAYMENT IN THE AMOUNT OF $11,296.25, PURSUANT TO AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER-OCCUPIED AFFORDABLE HOUSING DWELLINGS. (GENERAL FUND 0001) Item #16D2 APPROVED A RELEASE OF LIEN IN THE AMOUNT OF $15,981.90 FOR FULL PAYMENT OF AN IMMOKALEE AREA RESIDENTIAL IMPACT FEE DEFERRAL APPROVED AS PART OF AN IMPACT FEE DEFERRAL PROGRAM FOR PROPERTIES LOCATED WITHIN THE IMMOKALEE ENTERPRISE ZONE Item #16D3 APPROVED AND AUTHORIZED THE CHAIRMAN TO SIGN A STATE HOUSING INITIATIVES PARTNERSHIP SPONSOR AGREEMENT FOR NEW CONSTRUCTION ASSISTANCE WITH October 10, 2023 Page 294 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. (SPONSOR), AND AUTHORIZE THE CHAIRMAN TO RELEASE THE SPONSOR’S PROMISSORY NOTE AND MORTGAGE FOLLOWING CONSTRUCTION AND UPON SALE TO AN ELIGIBLE HOMEBUYER. (SHIP GRANT FUND 1053) Item #16E1 AUTHORIZED ROUTINE AND CUSTOMARY BUDGET AMENDMENTS APPROPRIATING CARRY FORWARD BUDGET IN THE AMOUNT OF $10,759,240.49 FOR APPROVED OPEN PURCHASE ORDERS INTO FISCAL YEAR 2024. Item #16F1 APPROVED THE FOURTH EXTENSION AND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES GOVERNING THE USE OF CITY OF NAPLES BEACH PARKING FACILITIES AND PARK AND RECREATION PROGRAMS EXTENDING THE TERM TO SEPTEMBER 30, 2024. Item #16F2 RENEW THE ANNUAL CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) FOR AMBITRANS MEDICAL TRANSPORT, INC., TO PROVIDE CLASS 2 ADVANCED LIFE SUPPORT (ALS) INTER-FACILITY TRANSPORT AMBULANCE SERVICE FOR A PERIOD OF ONE YEAR. October 10, 2023 Page 295 Item #16F3 APPROVED AND AUTHORIZED THE CHAIRMAN TO SIGN A MODIFICATION NUMBER ONE TO THE FEDERALLY FUNDED SUBGRANT PROGRAM AGREEMENT THROUGH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM) TO EXTEND THE PERIOD OF PERFORMANCE BY SIX MONTHS FOR THE ANNUAL EMERGENCY MANAGEMENT PERFORMANCE (EMPG) GRANT G0380 AND AUTHORIZE NECESSARY BUDGET AMENDMENTS (FUND 1833, PROJECT 33820). Item #16F4 RESOLUTION 2023-180: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2023-24 ADOPTED BUDGET. (THE BUDGET AMENDMENTS IN THE ATTACHED RESOLUTION HAVE BEEN REVIEWED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE SUMMARIES.) Item #16F5 APPROVED ADMINISTRATIVELY APPROVED CHANGE ORDER NO. 1 ADDING $40,828.35 TO PURCHASE ORDER NO. 4500223989 UNDER AGREEMENT NO. 19-7592, BUILDING AUTOMATION ENERGY MANAGEMENT SERVICES, WITH JUICE TECHNOLOGIES, INC., D/B/A PLUG SMART, TO REPAIR DEFECTIVE ACTUATORS ON THE AIR HANDLER October 10, 2023 Page 296 UNITS FOR THE HVAC AND FIRE SMOKE CONTROL SYSTEM AT THE COLLIER COUNTY COURTHOUSE ANNEX (BUILDING L1). (PROJECT NO. 52163) Item #16F6 APPROVED NON-STANDARD AGREEMENT # 23-037-NS, “GOVERNMENTAL MANAGEMENT SYSTEM (“GOVMAX”) AND AUTHORIZE EXPENDITURES THROUGH AN EXEMPTION FROM THE COMPETITIVE PROCESS THROUGH THE GOVMAX HOSTED APPLICATION SERVICE AND LICENSE AGREEMENT FROM SARASOTA COUNTY GOVERNMENT FOR FISCAL YEARS 2024 THROUGH 2029. Item #16F7 APPROVED ADMINISTRATIVE CHANGE ORDER NO. 2 ADDING SEVENTY (70) DAYS TO AGREEMENT NO. 21-7883- ST, MAIN CAMPUS CHILLER PLANT UPGRADES, WITH O-A- K/FLORIDA, INC., D/B/A OWEN-AMES-KIMBALL COMPANY AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER. (PROJECTS 50214 AND 50189) Item #16G1 AWARDED CONSTRUCTION INVITATION TO BID (“ITB”) NO. 23-8120, “BULK AIRCRAFT HANGAR AT MARCO ISLAND EXECUTIVE AIRPORT (“MKY”),” TO DEC CONTRACTING GROUP, INC., IN THE AMOUNT OF $3,063,009.41, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT. October 10, 2023 Page 297 Item #16J1 THE BOARD OF COUNTY COMMISSIONERS APPROVED THE USE OF $500 FROM THE CONFISCATED TRUST FUNDS TO SUPPORT THE FLORIDA SHERIFFS YOUTH RANCHES. Item #16J2 RECORDED IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS IN THE AMOUNT OF $33,995,787.99 WERE DRAWN FOR THE PERIODS BETWEEN SEPTEMBER 14, 2023, AND SEPTEMBER 27, 2023 PURSUANT TO FLORIDA STATUTE 136.06. Item #16J3 THE BOARD APPROVED AND DETERMINED VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF OCTOBER 4, 2023. Item #16K1 RESOLUTION 2023-181: APPOINTED A MEMBER OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE AS A NON- VOTING REPRESENTATIVE TO THE DEVELOPMENT SERVICES ADVISORY COMMITTEE. October 10, 2023 Page 298 Item #16K2 RESOLUTION 2023-182: REAPPOINT A MEMBER TO THE GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE. Item #16K3 APPROVED A STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT OF $48,500 PLUS $17,986.50 IN STATUTORY ATTORNEY FEES, AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 1181RDUE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168 REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60168. Item #16K4 APPROVED AND AUTHORIZED THE CHAIR TO EXECUTE A SETTLEMENT AGREEMENT IN THE LAWSUIT STYLED CYNTHEA HUMMER V. COLLIER COUNTY BOARD OF COMMISSIONERS, ET. AL., (CASE NO. 22-CA-1647), NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR THE SUM OF $9,900. Item #17A RESOLUTION 2023-183: A RESOLUTION DESIGNATING 259.6 ACRES AS THE COLLIER ROD AND GUN CLUB AT THE PRESERVE COMPACT RURAL DEVELOPMENT October 10, 2023 Page 299 STEWARDSHIP RECEIVING AREA, WHICH WILL ALLOW THE DEVELOPMENT OF A MAXIMUM OF 225 SINGLE-FAMILY RESIDENTIAL DWELLING UNITS; A MINIMUM OF 2,250 AND A MAXIMUM OF 5,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT AND APPROVE A CREDIT AGREEMENT ESTABLISHING THAT 2,229 STEWARDSHIP CREDITS ARE BEING UTILIZED BY THE DESIGNATION OF THE COLLIER ROD AND GUN CLUB AT THE PRESERVE COMPACT RURAL DEVELOPMENT STEWARDSHIP RECEIVING AREA; AND PROVIDING FOR REPEAL OF RESOLUTION 85-151, A PROVISIONAL USE FOR OIL AND GAS EXPLORATION, AND RESOLUTION 02-87, AN EXPIRED CONDITIONAL USE. THE SUBJECT PROPERTY IS LOCATED SOUTH OF OIL WELL ROAD, APPROXIMATELY ½ MILE WEST OF S.R. 29 IN SECTIONS 18, 19, 24, AND 30, TOWNSHIP 48 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. [PL20210002776] (THIS ITEM A COMPANION TO ITEMS 16C1 & 17B) Item #17B RESOLUTION 2023-184: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A PROJECT KNOWN AS THE COLLIER ROD AND GUN CLUB AT THE PRESERVE TO ALLOW A GOLF COURSE AND A SPORTING AND RECREATIONAL CAMP ON PROPERTY ZONED RURAL AGRICULTURAL (A) WITHIN THE MOBILE HOME OVERLAY (MHO) AND RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT (RLSAO) AND BIG CYPRESS AREA OF CRITICAL STATE CONCERN SPECIAL TREATMENT OVERLAY (ACSC-ST) PURSUANT TO October 10, 2023 Page 300 SECTIONS 2.03.01.A.1.C.17 AND 2.03.01.A.1.C.20 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A 911.42+/- ACRE PROPERTY LOCATED SOUTH OF OIL WELL ROAD (C.R. 858) AND WEST SIDE OF STATE ROAD 29 IN SECTIONS 18, 19, 20, 29 AND 30, TOWNSHIP 48 SOUTH, RANGE 30 EAST AND SECTIONS 23 AND 24, TOWNSHIP 48 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA. [PL20210002843] (THIS ITEM A COMPANION TO ITEMS 16C1 & 17A) Item #17C RESOLUTION 2023-185: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2023-24 ADOPTED BUDGET. Item #17D ORDINANCE 2023-44: A REZONING ORDINANCE FOR THE PFCF/NSV IMMOKALEE MPUD TO ALLOW UP TO 250 HORIZONTAL MULTIFAMILY DWELLING UNITS, 170 OF WHICH WILL BE RESTRICTED AS AFFORDABLE, AND A 250- STUDENT EARLY CHILDHOOD EDUCATION CENTER, ON 50± ACRES LOCATED NORTHEAST OF THE INTERSECTION OF WESTCLOX STREET AND CARSON ROAD IN IMMOKALEE, IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. [PL20220004087] Item #17E October 10, 2023 Page 301 ORDINANCE 2023-45: A ORDINANCE REPEALING ORDINANCE NOS. 2018-21 AND 2019-46, AS CODIFIED IN SECTIONS 126-86 THROUGH 126-191 OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, THE LOCAL GOVERNMENT INFRASTRUCTURE SURTAX WHICH IMPOSED A COUNTY-WIDE INFRASTRUCTURE SURTAX AND ESTABLISHED THE INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE WITH THE EXCEPTION THAT THE INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE SHALL CONTINUE IN THE MANNER SET FORTH IN THE ORDINANCE OR UNTIL THE BOARD DEEMS OTHERWISE. October 10, 2023 Page 302 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:40 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ___________________________________ RICK LoCASTRO, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK These minutes approved by the Board on ____________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY PUBLIC.